



'^■o 5 




.*<•■" 



NEW HAMPSHIRE 



TOWN OFFICER: 



CONTAINING 



THE GENERAL LAWS OF 1878 

(OTHEE THAN SCHOOL LAWS) 



jvusriD acts sursrciE passe 






KELATIXG TO 



TOWNS AND CITIES, 



DECISIONS, DIRECTIONS, AND FORMS. 




J 



BY CHARLES ROBERT MORRISON. 

U 



Concert*, ft. |p. 

PUBLISHED BY J. B. SANBORN, 

1886. 







Entered according to act of Congress, in the year 1886, 

By Josiah B. Sanborn, 
In the office of the Librarian of Congress at Washington. 



Printed by the Republican Press Association, 
Concord, N. H. 



CONTENTS 



Page 
Construction of Statutes . . . . . .1 

CHAPTER I. 

Powers and Duties of Towns * . 7 

CHAPTER II. 
Executions against Towns and School-Districts . 17 

CHAPTER III. 
Militia . . . . . . . . . .20 

CHAPTER IV. 

Suppression of Riots . . . . . . .25 

CHAPTER V. 

Proprietary Records ....... 29 

CHAPTER VI. 

Town Lines . . . . . . . . .31 

CHAPTER VII. 
Public Cemeteries and Parks . . . . .37 

CHAPTER VIII. 
Public Libraries ........ 42 

CHAPTER IX. 
Warning Town-Meetings ...... 44 



IV CONTENTS. 

CHAPTER X. 
Check-Lists ......... 55 

CHAPTER XL 
Rights and Qualifications of Voters . . . .59 

CHAPTER XII. 

Town-Meetings ........ 70 

CHAPTER XIII. 
Record of Town-Meetings . . . . . .77 

CHAPTER XIV. 

State and County Officers . . . . . 83 

CHAPTER XV. 

Contested Elections . . . . . . .91 

CHAPTER XVI. 

Representatives in Congress . . . 93 

CHAPTER XVII. 

Presidential Electors . . . . . . .96 

CHAPTER XVIII. 

General Provisions Concerning Elections . . . .98 

CHAPTER XIX. 
Town Officers 101 

CHAPTER XX. 

Vacancies in Town Offices . . . . . .113 

CHAPTER XXI. 

Hearings before Town Officers . . . . .118 

CHAPTER XXII. 

Drawing Jurors . . . . . . . .125 



CONTENTS. V 

CHAPTER XXIII. 
Fences and Common Fields ...... 130 

CHAPTER XXIV. 

Strays and Lost Goods ...... 138 

CHAPTER XXV. 
Impounding .142 

CHAPTER XXVI. 
Floating Timber 156 

CHAPTER XXVII. 

Mills and Their Repairs . . . . . .160 

CHAPTER XXVIII. 
Marriages, Births, and Deaths . . . . .165 

CHAPTER XXIX. 

Inspectors and Surveyors . . . . . .170 

CHAPTER XXX. 

Weights and Measures . . . . . .178 

CHAPTER XXXI. 
Wild Animals, Dogs, and Sheep ..... 185 

CHAPTER XXXII. 

Subjects of Taxation . . . . . . .191 

CHAPTER XXXIII. 

Where and To Whom Taxed . . . . .197 

CHAPTER XXXIV. 
Invoices and Assessments ...... 206 

CHAPTER XXXV. 
Abatement of Taxes 223 

Al 



VI CONTENTS. 

CHAPTER XXXVI. 

Collectors of Taxes . . . . . . . 225 

CHAPTER XXXVII. 
Collection of Resident Taxes . . . . 228 

CHAPTER XXXVIII. 

Collection of Non-Resident Taxes . . . .236 

CHAPTER XXXIX. 
Bank Stock and Savings-Banks 246 

CHAPTER XL. 
Extents 249 

CHAPTER XLI. 
Highways Laid Out by Selectmen .... 253 

CHAPTER XLII. 
Highways Laid Out by Commissioners . . . .270 

CHAPTER XLIII. 
Payment of Land Damages and Expenses . . . 277 

CHAPTER XLIV. 
Discontinuing Highways ...... 279 



CHAPTER XLV. 
Making and Repairing Highways . . . .28 



3 



CHAPTER XLVI. 
Fines for Neglect ....... 297 

CHAPTER XLVII. 

Removing Incumbrances from Highways . . 298 

CHAPTER XLVI1I. 

Special Provisions relating to Highways . . . 303 



CONTENTS. Vll 

CHAPTER XLIX. 
Railroad Crossings . 307 

CHAPTER L. 

Electric Light, Telegraph, and Telephone Companies 313 

CHAPTER LI. 

Special Damage to Travellers . . . . .317 

CHAPTER LII. 

Contributions by Other Towns . . . . .328 

CHAPTER LIU. 

Guardianship and Protection of Minors . . . 329 

CHAPTER LIV. 
Illegitimate Children ....... 339 

CHAPTER LV. 
Insane Persons and Spendthrifts .... 348 

CHAPTER LVI. 

Settlement of Paupers . . . . . .356 

CHAPTER LVII. 

Furnishing Relief to Paupers . . . . .363 

CHAPTER LVIII. 

Suits for Supplies to Paupers . . . . . 369 

CHAPTER LIX. 
County Paupers 374 

CHAPTER LX. 
Firewards and Firemen ...... 381 

CHAPTER LXI. 
Village Fire Districts 389 



Vlll CONTENTS. 

CHAPTER LXII. 

Gunpowder and Nitro-Glycerine . . . . 392 

CHAPTER LXIIL 
Explosive and Illuminating Oils . . . .395 

CHAPTER LXIV. 

Sale of Intoxicating Liquors . . . . .399 

CHAPTER LXV. 

Shows and Exhibitions . . . , . .407 

CHAPTER LXVI. 

Nuisances Injurious to Health 409 

CHAPTER LXVIL 
Pestilential Diseases ....... 414 

CHAPTER LXVIII. 

Offences against the Police of Towns . . .417 

CHAPTER LXIX. 
Tramp Act 423 

CHAPTER LXX. 

Special Police and Night Watchmen .... 424 

CHAPTER LXXI. 
Houses of Correction ....... 430 

CHAPTER LXXII. 

Sunday and Religious Meetings . . . . .432 

CHAPTER LXXIII. 
Cities and Wards ........ 435 

CHAPTER LXXIV. 

Mayors of Cities . . . . . . . .437 






CONTENTS. IX 

CHAPTER LXXV. 

Mayor and Aldermen and Common Council . . 440 

CHAPTER LXXVI. 
Clerk and other City Officers ..... 443 

CHAPTER LXXVII. 
Powers of City Councils ...... 446 



TOWN OFFICER 



PRELIMINARY CHAPTER. 



CONSTRUCTION OF STATUTES. 



1. Rules for. In the construction of all statutes, the 
following rules shall be observed, unless such construction 
would be inconsistent with the manifest intent of the legis- 
lature, or repugnant to the context of the same statute ; 
that is to say, — 

2. Common usage, unless technical words. Words 
and phrases shall be construed according to the common and 
approved usage of the language ; but technical words and 
phrases, and such others as may have acquired a peculiar 
and appropriate meaning in law, shall be construed and un- 
derstood according to such peculiar and appropriate mean- 
ing. — G. L., c. 1, ss. 1, 2. 

3. Gender and number. Words importing the singu- 
lar number may extend and be applied to several persons or 
things ; words importing the plural number may include the 
singular ; and words importing the masculine gender may 
extend and be applied to females. — Id., s. 3. 

4. State and territory. The word "state," when 
applied to different parts of the United States, may extend 
to and include the District of Columbia and the several ter- 
ritories, so called ; and the words a United States " shall 
include said district and territories. — Id,, s. 4. 

5. Town and incorporated places. The word 
"town" shall extend and be applied to anyplace incorpo- 
rated, or whose inhabitants are required to pay any tax, and 

1 



PRELIMINARY CHAPTER. 



CONSTRUCTION OF STATUTES. 



1. Rules for. In the construction of all statutes, the 
following rules shall be observed, unless such construction 
would be inconsistent with the manifest intent of the legis- 
lature, or repugnant to the context of the same statute ; 
that is to say, — 

2. Common usage, unless technical words. Words 
and phrases shall be construed according to the common and 
approved usage of the language ; but technical words and 
phrases, and such others as may have acquired a peculiar 
and appropriate meaning in law, shall be construed and un- 
derstood according to such peculiar and appropriate mean- 
ing. — G. L., c. 1, ss. 1, 2. 

3. Gender and number, Words importing the singu- 
lar number may extend and be applied to several persons or 
things ; words importing the plural number may include the 
singular ; and words importing the masculine gender may 
extend and be applied to females. — Id., s. 3. 

-i. State and territory. The word "state," when 
applied to different parts of the United States, may extend 
to and include the District of Columbia and the several ter- 
ritories, so called ; and the words u United States " shall 
include said district and territories. — Id,, s. 4. 

5. Town and incorporated places. The word 
•'town" shall extend and be applied to any place incorpo- 
rated, or whose inhabitants are required to pay any tax, and 
1 



2 CONSTRUCTION OF STATUTES. 

shall mean that city, town, or place in which the subject- 
matter referred to is situate, or in which the persons re- 
ferred to are resident, unless from the context a different 
intention is manifest. — Id., s. 5. 

6. Inhabitant. The word " inhabitant " may mean a 
resident or person dwelling and having his home in any 
city, town, or place. — Id., s. 6. 

7. Annual and biennial. The words " biennial meet- 
ing," when applied to towns, may mean the biennial meet- 
ing required by law to be holden in the month of November, 
and the words " annual meeting," the annual meeting re- 
quired by law to be holden in the month of March. — Id., s. 7. 

8. Month and year. The word " month " shall mean 
a calendar month, and the word " year " a calendar year, 
unless otherwise expressed; and the word " year " shall be 
equivalent to the expression "year of our Lord." — Id., s. 8. 

9. Person includes corporations. The word "per- 
son " may extend and be applied to bodies corporate and 
politic, as well as to individuals. — Id., s. 9. 

10. Official seal. When the seal of a court, public 
officer, or corporation is required by law to be affixed to any 
paper, the word "seal" shall include an impression of the 
official seal made upon the paper alone, as well as an im- 
pression thereof made by means of wax, or a wafer affixed 
thereto. — Id., s. 10. 

11. Justice. The word "justice," when applied to a 
magistrate, shall mean a justice of a police court, or a justice 
of the peace for the county in which he resides and for 
which he is appointed. — Id., s. 11. 

12. Preceding and following. The words " preced- 
ing" and "following," when used by way of reference to any 
section of these General Laws, shall mean the section next 
preceding or following that in which such reference is made, 
unless some other is expressly designated. — Id., s. 12. 

13. Said and such. The words "said" and "such," 



CONSTRUCTION OF STATUTES. 6 

when used by way of reference to any person or thing, shall 
apply to the same person or thing last mentioned. — Id., s. 13. 

14. Joint AUTHORITY. Words purporting to give a joint 
authority to three or more public officers shall give such 
authority to a majority of them, unless otherwise expressly 
declared — Id., s. 14. 

15. Grantor and grantee. The word " grantor" 
may include every person hy or from whom any estate or 
interest in land passes in or by any deed, and the word 
u grantee " may include every person to whom any such 
estate or interest passes in like manner. — Id., s. 15. 

16. Mortgagor and mortgagee. The word " mort- 
gagor " or " mortgagee " may include any person claiming 
under such party or having his right. — Id., s. 16. 

17. Insane. The words " insane " or u insane person" 
shall include every idiot, non-compos, lunatic, insane, or dis- 
tracted person .—Id., s, 17. 

18. Spendthrift. The word "spendthrift" shall include 
every one who is liable to be put under guardianship on 
account of excessive drinking, gaming, idleness, debauchery, 
or vicious habits of any kind. — Id., s. 18. 

19. Issue. The word " issue," as applied to the descent 
of estates, shall include all the lawful lineal descendants of 
the ancestor. — Id., s.' 19. 

20. Land and real estate. The words "land," 
u lands," or " real estate " shall include lands, tenements, 
and hereditaments, and all rights thereto and interests there- 
in.— Id., s. 20. 

21. Will and codicil. The word " will " shall include 
codicil. — Id., s. 21. 

22. Writing and printing. The words " written " or 
"in writing" may include printing or any other mode of 
representing words and letters, except where the written 
signature of a person is required. — Id., s. 22. 

23. Oath and affirmation. The word " oath " shall 



4 CONSTRUCTION OF STATUTES. 

include " affirmation " in all cases where by law an affirma- 
tion may be substituted for an oath ; and, in like cases, the 
word " sworn" shall include the word "affirmed." — Id., s. 23. 

24. Official oath. The word " sworn," when applied 
to public officers required by the constitution to take the 
oaths therein prescribed, shall refer to those oaths ; when 
applied to other officers, it shall mean sworn to the faithful 
discharge of the duties of their offices, before a justice of the 
peace, or other person authorized to administer official 
oaths in such cases. — Id., s. 24. 

25. Highways and bridges. The word "highway" 
or " road" shall include all bridges thereon. — Id., s. 25. 

26. County. The word "county" may mean the county 
in which the subject-matter referred to is situate, belongs, or 
is cognizable. — Id., s. 26. 

27. Selectmen. The word "selectmen" may mean the 
selectmen of the town or ward, or the mayor and aldermen 
of the city to which the subject-matter to be acted upon be- 
longs, or in which it is situate ; and the words "town-clerk" 
may mean the clerk of the town, ward, or city to which the 
subject-matter referred to belongs, or in which it is situate. 
Id., s. 27. 

28. Place. The word " place " may mean city or town, 
unless some other meaning is implied by the context. — Id., s. 
28. 

29. Official title. When any court, officer, or board 
is named by official title, such designation shall apply to the 
court, officer, or board of the county, town, or district within 
and for which they are qualified to act in such capacity. — 
Id., s. 29. 

30. Publication. By the words " publish," " pub- 
lished," "publishing," or "publication," when notice is 
required or permitted to be given by publication, shall be 
intended publication in a newspaper circulated in the vicin- 
ity, and the publication shall be for three weeks successive- 



CONSTRUCTION OF STATUTES. 



ly, and the last publication one week, at least, before the 
day or thing of which notice is given, unless otherwise spe- 
cially provided. — Id., s. 30. 

31. Spirit. By the words " spirit," " spirituous liquor," 
or " intoxicating liquor " shall be intended all spirituous or 
intoxicating liquor and all mixed liquor, any part of which 
is spirituous or intoxicating, unless otherwise expressly de- 
clared. — Id., s. 31. 

32. Time, how computed. When time is to be reck- 
oned from any day, date, act done, or the time of any act 
clone, either by force of law or by virtue of any contract made 
since the twenty-third day of December, 1842, such day, 
date, or the day when such act is done, shall not be included 
in the computation. — Id., s. 32. 

33. Repeal, efeect of. The repeal of any act shall in 
no case affect any act done, or any right accruing, accrued, 
acquired, or established, or any suit or proceeding had or 
commenced in any civil case before the time when said re- 
peal shall take effect. — Id., s. 33. 

31. Prosecutions. No suit or prosecution, pending at the 
time of the repeal of any act, for any offence committed, or 
for the recovery of any penalty or forfeiture incurred under 
the act so repealed, shall in any case be affected by such 
repeal. — Id., s. 34. 

35. Repeal, not revive. The repeal of any act shall 
not revive any other act which has been repealed. — Id., s. 
35. 

36. Laws, whex to take effect. Every act passed 
at any session of the general court commencing in June 
shall take effect on the fifteenth day of September next fol- 
lowing, and every such act passed at a session commencing 
at any other time shall take effect on the fifteenth day of 
March next following, unless a different time be therein 
limited.— Id., s. 36. 



CHAPTER I. 

POWERS AND DUTIES OF TOWNS. 

1. Corporate powers. Every town is a body corpo- 
rate and politic, and by its corporate name may sue and be 
sued, prosecute, and defend, in any court or elsewhere. — 
G. L., c. 37, s. 1. 

2. What are towns. All places incorporated by the 
name of parishes with town privileges are towns, and entitled 
to the privileges, vested with all the powers, and subject to 
all the liabilities of towns. — Id., s. 2. 

3. May hold property. Towns may purchase (1) and 
hold real and personal estate for the public uses of the inhab- 
itants, and may sell and convey the same; and may make 
any contracts which may be necessary and convenient for 
the transaction of the public business of the town. Id., 
s. 3. 

(1) The conveyance must be by deed, executed by an agent duly appointed by a vote 
of the town. — G. D., c. 135, ss. 2, 3. It is said that such agent may in this state execute 
the deed in his own name.— 5 R. 458; Digest, p. 248, s. 40. 

Towns may hold property in trust for purposes not foreign to the objects for which 
towns exist.— 55 R. 463. 

(a) Towns will be bound by the express promise of their agents and officers within 
the scope of their authority, or a promise may be implied from the acts of their agents 
within their authority, as in the case of natural persons.— 33 R. 571 ; Digest, p. 19, s. 22, 
p. 57, ss. 1G3, 164, p. 168, s. 13, p. 586, s. 13; 58 R. 37, 233; 60 R. 131, 374; Dillon's Munic- 
ipal Corporations (3d ed.), ss. 460-464, 938. 

The contract of a town agent, if under seal, must be executed as the contract of the 
town, or it binds the agent only (9 Allen 1, Digest, p. 24, s. 110); nor in such a case will 
the law raise an implied promise by the town. — 9 Allen 1, — but see Dillon, S3. 452, 453. 

If a town agent for prosecuting or defending suits is himself an attorney, the town 
will be liable to him for his own professional services as to a third person.— 30 Vt. 285. 

A town may be liable for the services of its agents, though employed in the prosecu- 
tion of obj cts beyond the authority of the town. Thus it has been held liable for the 
services and expenses of a committee appointed by vote to apply to the legislature for 
a law that one term of the court in each year be held in that town. — 28 R. 354; Digest, 
p. 6"7,s.40. 

And the right of counsel employed by a town to compensation does not depend upon 



POWERS AND DUTIES OP TOWNS. 

the result of the suit, uor upon the legality or illegality of the action of the town in rela- 
tion to the matter iu controversy. —6 Cush. 389, 392. 

A special town agent, acting under a limited and clearly defined authority, cannot 
bind the town beyond his actual authority.— 8 Allen 309, 114; 6 do. 187; Digest, p. 22, 
s. 81; Dillon, s. 447. 

(b) Tortious acts of toivn officers. Where such officers derive their authority not from 
the town, but from statute, and no duty or liability is by statute laid upon the town, it 
will not be answerable for the misdoings of officers over whom it has no control ; but 
if the duty is by statute laid upon the town, and especially if the town has a choice of 
agencies for its performance, the tendency of later decisions is, that the town will be 
responsible for the wrongful and negligent acts of its officers in respect to such duties. 
See 59 R. 78, 343; 55 R. 130; 60 R. 374; 36 R. 284, 388 ; 32 R. 435 ; 52 R. 370; 20 R. 77; Digest, 
p. 410, ss. 317, 318; 14 Gray 541, 543; 52 Maine 118; 45 do. 504; 41 do. 363; 1 Allen 101, 
172; 36 Vt. 521. 

(c) A town will not be bound, even by express vote, beyond the scope of the objects 
for which towns exist ; but in relation to its property held for private purposes, the bet- 
ter opinion is, that it is bound to such care and conduct as other property-owners. — Dil- 
lon on Municipal Corporations (3d ed., 1881), ss. 133, 457, 935, 968, 966, 967; 55 R. 130; 
45 R. 126; 17 R. 465; Digest, p. 607, ss. 41, 48; 51 Maine 362; 38 Vt. 350; 11 Gray 353; 
21 Pick. 344; 3 Hill (N. Y.) 531, 612; 2 Smith (N. Y.) 158. 

(d) Towns and their attorneys of record may refer or compromise suits. — 55 R. 463, 
559; 60 R. 385; 15 Maine 460, 463. 

(e) A town may indemnify its officers and agents against suits in the business of the 
town (12 R. 278, 45 R. 134, 18 Pick. 566, 7 do. 18, 3 Cush. 530, 11 Gray 340, 109 Mass. 
R. 311), or an inhabitant, in a suit brought for the purpose of settling the town line 
(13 Maine 74), but not where the duties are imposed specifically by statute on the offi- 
cer, and the town has no duty to perform, no right to defend, and no interest to pro- 
tect.— 45 R. 126, 134; 41 R. 530; Digest p. 607, ss. 23, 24. 

And this rule applies especially to the case of selectmen when correcting the check- 
list.— Id. 

A town may take an indemnity against the support of a person having a settlement 
therein, though not actually a pauper.— 2 Vt. 442; Digest, p. 607, s. 27. 

(f) A town may be estopped as well as an individual.— 23 Maine 483; 30 do. 504; 13 
do. 141 ; Digest, p. 322, s. 41, p. 323, s. 62 ; 6 Cush. 320; 30 Vt. 504; 16 do. 422. 

(g) Towns and cities are in general subject to legislative control.— 60 R 500. 

4. Money votes. Towns may at any legal meeting 
grant and vote such sums of money as they shall judge nec- 
essary for the support of schools ; for school-houses ; for the 
maintenance of the poor ; for laying out and repairing high- 
ways and sidewalks ; for building and repairing bridges ; for 
the repair of meeting-houses owned by the town, so far as 
to render them useful for town purposes ; to encourage vol- 
unteer enlistments in case of war or rebellion (1) ; to pro- 
cure and erect a monument to perpetuate the memory of 
such soldiers belonging thereto as may have sacrificed their 
lives in the service of their country, including a suitable lot 
therefor and fence for its protection ; to defray the expense 



POWERS AND DUTIES OF TOWNS. V 

of decorating the graves of soldiers who lost their lives in 
the late Rebellion, not exceeding two hundred dollars yearly; 
to establish and maintain public libraries, cemeteries, and 
parks or commons, and to improve the same ; to prepare and 
publish the early history of the town ; and for all the nec- 
essary (2) charges arising within the town : provided, that 
no money shall be raised or appropriated at any special town- 
meeting except by vote by ballot, nor unless the ballots cast 
at such meeting shall be equal in number to at least one half 
of the number of the names of legal voters borne on the 
check-list of said town. — Id., s. 4. 

(1) See 60 K. 131, 385, 59 R. 164, 260, 56 R. 272, 55 R. 603, 13 Mass. 272, 54 R. 38, Digest 
585, 53 R. 438, 47 R. 167, 212, 39 Vt. 70, 193, 429, 610, 13 Allen 92, and 6 Allenl 87, for deci- 
sions under like statutes. 

(2) Towns caunot raise money for distribution (14 Maine 375, 11 Allen 108, Digest, p. 
595, ss. 2, 3, p. 596, ss. 29-32) ; nor to build a house to rent (id.) ; nor to build a jail (10 
Vt. 506); nor a court-house (28 R. 354, 359, Digest, p. 607, s. 40); nor to repair a bridge 
in another town (17 R. 465, Digest, p. 607, 8. 41, 11 Tick. 396, 17 Pick. 273, 279) ; nor for 
expenses of procuring the act of incorporation (6 Allen 152); nor in any case, nor for 
any purpose, unless provided for by some statute either expressly or by fair implica- 
tion. See cases above, and 2 Greenl. 375; 10 Vt. 506. 

The words necessary charges apply only to incidental expenses arising in the exer- 
cise of granted powers.— 52 Maine 595; 51 do. 177; 27 Vt. 71; Digest, p. 596, s. 24. 

It has been held in other states, under similar statutes, that a town may raise money 
for a public clock (12 Pick. 227) ; and for a market-house (23 Pick. 71, 5 Met. 35); and 
for a town-house, and in its erection may make suitable provision by spare rooms for 
the prospect ve wants of the city or town (3 Allen 9) ; and for the repair of fire-engines, 
though owned by individuals, if used in extinguishing fires in the town (19 Pick. 485, 21 
do. 64); and for the construction of reservoirs for water to supply fire-engines (3 Met. 
163); and for the purchase of apparatus for extinguishing fires.— 27 Vt. 70. 

It is questionable, however, if the courts in this state would go as far as some of these 
decisions.— 28 R. 354, 359; Digest, p. 607, s. 40. 

5. By-laws. Every town may make rules (1) and by- 
laws for managing and ordering its prudential affairs, and 
may annex penalties thereto not exceeding four dollars for 
one offence, enuring to such uses as it may direct. — Id., s. 5. 

(1) The warrant will be sufficient under this section, if the article be general, — 
" To make rules and by-laws for managing and ordering the prudential affairs of the 
town." 

Such rules and by-laws when made will, unless otherwise limited by the vote estab- 
lishing them, continue in force until further action by the town or legislature. 

6. For horses, neat cattle, etc. Any town may 
make by-laws to prevent horses, mules, asses, neat cattle, 



10 POWERS AND DUTIES OF TOWNS. 

sheep, and swine from going at large (1) in any street, high- 
way, or common, or in any public place in the town, at any 
time of the year therein provided, on penalty that the owner 
shall forfeit a sum not exceeding four dollars for any breach 
thereof. — Id., s. 6. 

(1) An article in the warrant under this section may be, — 

" To make by-laws to prevent horses, mules, asses, neat cattle, sheep, and swine from 
going at large in any street, highway, or common, or in any public place in the town, 
at such times as the town may forbid, and annex penalties thereto." 

The vote may embrace any or all of these subjects, and may cover the whole year if 
the town thinks best. This/o?m of vote will be sufficient: 

" Voted, That neither horses, mules, asses, neat cattle, sheep, nor swine shall go at 

large in any street, highway, common, or other public place in said town, from to 

, under forfeiture of four dollars by the owner or owners thereof for each offence." 

7. For preventing eires. Any town may make and 
establish such rules and regulations (1) respecting the kind- 
ling, guarding, and safe keeping of fires, and for removing 
all combustible materials from any building or place, as the 
safety of the property in such town may require ; and may 
appoint, in such manner as may be prescribed in such regu- 
lations, all such officers as may be necessary to carry such 
regulations into effect, and affix penalties not exceeding ten 
dollars for any offence, to be recovered in such manner, and 
appropriated to such use, as the town may direct ; and may 
take any parcel of land within its limits, and erect thereon 
any structure, and make any excavations, and construct 
dams, and do such other things as may be necessary for 
maintaining a reservoir (2) of water to be used in case of fire. 
The method of taking such land, and the assessment of 
damage to the land-owner, shall be the same as is by law 
provided in cases where land is taken for a highway. — Id., 
s.7. 

(1) An article in the warrant for this purpose may be,— 

"To make and establish such rules and regulations respecting the kindling, guard- 
ing, and safe keeping of fires, and for removing all combustible materials from any 
building or place, as the safety of the property iu such town may require, affix penal- 
ties not exceeding teu dollars for any offence, and direct in what manner and to what 
use the same shall be recovered and appropriated, and to appoint, in such manner as 
may be prescribed in such regulations, all such officers as may be necessary to carry 
such regulations into effect." 



POWERS AND DUTIES OF TOWNS. 11 

Voted, To establish the following rules and regulations uuder said article. 

(See, as to these, post chapter 60.) 

Voted, That any person violating said regulations, or either of them, shall forfeit the 
sum of ten dollars, to be recovered by the selectmen in the name of the town, and ap- 
propriated to the purchase of water-buckets. 

(2) The article iu the warrant may be, — 

"To provide for the taking of laud, and the necessary structures, excavations, dams, 
and other things, for maintaining a reservoir of water to be used in case of fire." 

" Voted, To raise the sum of dollars for the purposes specified in said article, and 

that the selectmen be authorized to appropriate the same as they think best; " — or the 
matter may be referred to a committee with full power to act. 

8. How LOXG- IX force. By-laws (1) adopted by any 
town without limitation shall continue in force until altered 
or annulled by vote of the town or by-law. — Id., s. 8. 

(1) The same, it is presumed, is true of regulations under s. 7, ante. 

9. Shade-trees. Every town shall have full control of 
the shade-trees situate within the limits of any public 
street, highway, park, common, or other public lands in 
such town, and shall have full power to make such regula- 
tions (1) from time to time as maybe deemed necessary for 
the planting, protection, and preservation of the same ; and 
any town, school-district, or village precinct may raise money, 
and expend it, for the setting out and taking care of shade 
and ornamental trees along their streets and highways, and 
about their school-houses, public buildings, parks, and upon 
such other public lands as they deem proper; and the 
selectmen of any town shall, upon application, make such 
abatement of taxes to any person who shall set out and pro- 
tect shade-trees by any street or highway adjoining his land 
as the said selectmen shall deem just and equitable ; and no 
such abatement of taxes shall disqualify any person from 
voting. — Id., s. 9. 

(1) The articles in the warrant may be,— 

" To make such regulations as may be deemed necessary for the planting, protection, 
and preservation of shade-trees situate within the limits of any public street, highway, 
common, or other public lands in said town.'' 

" To raise such money as the town shall think best to be expended in setting out and 
taking care of shade and ornamental trees along the streets and highways, and about 
the school-houses, public buildings, parks, or other public lands in said town." 



12 POWERS AND DUTIES OF TOWNS. 

10. Removal of by owner. If any owner of real es- 
tate desire to remove any shade-tree or trees situate between 
the carriage-path and sidewalk, or within the limits of any 
public street, he shall first obtain leave of the selectmen, or 
conform to the regulations which the town may have pro. 
vided relative to shade-trees. — Id., s. 10. 

11. Planting, by owner. Nothing in the two preced- 
ing sections shall be construed to deprive the owner of real 
estate of the right to plant, rear, and protect any tree be- 
tween the carriage-path and sidewalk in any public street or 
highway on which his estate is situate, if it do not interfere 
with the public travel. — Id., s. 11. 

12. Funding town debt. Any town may fund (1) 
its debt by vote of any legal meeting, and any such indebt- 
edness may include the bounty of the general government to 
volunteers, conscripts, or substitutes which such town has 
assumed and paid for the purpose of filling its quota ; and 
any town that may have funded its debt, or any part there- 
of, may at any legal meeting ratify and confirm the same, 
and may issue bonds payable at such time and place as they 
may by vote authorize, with coupons for interest, payable 
annually or semi-annually, in gold or other lawful currency, 
at a rate not exceeding six per cent. — G. L., c. 37, s. 16. 

(1) The article in the warrant may be, — 

"To fund the debt of the town, if deemed advisable, and prescribe terms, conditions, 
and agencies for effecting the object." 

13. Railroad stock. Whenever any town shall hold 
stock in any railroad, the selectmen are authorized to vote 
thereon at all meetings of such corporation, and may ap- 
point an agent (1) for that purpose by writing under their 
hands. — Id., s. 17. 

(1) An appointment in the usual form of proxies will be sufficient, or, — 
To A. B. of in the county of : 

We hereby authorize you to vote upon any railroad stock of the town of at the 

next meeting of the Railroad Corporation. 

Date and signature as selectmen. 



POWERS AND DUTIES OF TOWNS. 13 

14. Ferries. When any town situate upon a river shall 
deem it for their interest and the public convenience to es- 
tablish a ferry over said river, they may raise (1) such sum 
as they deem necessary for the establishment and mainte- 
nance of such ferry ; and if such ferry shall be established 
and kept up by a joint stock company, any town may take 
stock (2) in such company, not exceeding twenty-five per 
centum of the whole capital. — -G. L., c. 79, s. 4. 

(1) " To raise such sum as the town shall deem necessary for the establishment and 
maintenance of a ferry over the river, in case said town shall deem it for their in- 
terest and for the public convenience to establish such a ferry." 

(2) "To provide for the taking of stock in the Ferry Company not exceeding 

twenty-five per centum of the whole capital, if such town shall deem it for their inter- 
est and for the public convenience.'' 

15. Surplus revenue. Each town may make such 
disposition of the public money deposited therewith as it 
shall deem equitable and expedient, but must repay it to 
the state on demand, or an extent will issue. The shares 
of unincorporated places and of towns neglecting to furnish 
the proper security and receive the money, are loaned by 
the state treasurer, and the interest paid over annually to 
such towns and places when their state tax is paid. — G. L., 
c. 9 ; see Digest, p. 595. 

16. Fourth of July. Any city may by vote of its 
city council, or any town at any regular or special meeting, 
appropriate a sum not exceeding two thousand dollars for 
the celebration of the fourth (1) of July, eighteen hundred 
and eighty-three ; and all appropriations and votes therefor 
heretofore passed by any city council for that purpose are 
hereby legalized. — Act of June 14 (c. 2), 1883. 

(1) Otherwise such au appropriation would be illegal.— 1 Allen 103. 

IT. Distribution of public documents. The secretary 
of state is required to distribute annually to each town, and 
to each unincorporated place having ten or more ratable 
polls, one copy of the laws and journals of each session, and 
deliver to each town one copy of the laws of the United 



14 POWERS AKD DUTIES OF TOWNS. 

States which may come into his possession. — G. L., c. 4, ss. 
1, 7, 11. 

18. Division of towns. When a new town is created 
out of the territory of an old one, the old town, without 
some express provision to the contrary, retains all its prop- 
erty, and remains subject to all its debts and duties. The 
new town is as a son leaving the old homestead, and setting 
up for himself (1), — portionless, — but free from all the con- 
tracts, debts, or obligations of the parent. 

(1) See 47 Maine 181 j 16 Mass. 86; Digest 158 (d); 4 Mass. 884; 49 N. H. 553. 

19. Unincorporated places. All places not incorpo- 
rated as towns, which shall be required to pay any public 
tax, are invested with the powers of towns relating to the 
choice of moderator and clerk, supervisors, selectmen, asses- 
sors, constables, and collectors ; and all the provisions of 
law applicable to towns and town officers are extended to 
such places and their officers, so far as they relate to meet- 
ings for the choice of such officers, and to their election, 
powers, duties, and liabilities, and so far as they relate to 
public highways, the assessment and collection of public 
taxes, and the perambulation of the lines of such places. — 
G. L., c. 52, s. 1, as amended by c. 26 of the Laws of 
1885. 

20. Suits against towns. Service of writs (1) against 
towns may be made upon one of the selectmen and the town- 
clerk by copy twenty-eight days before the sitting of the 
court.— G. L., c. 223", s. 10. 

(1) See ante, s. 3, and notes. 

21. Trustee suits. A toAvn may be summoned as a 
trustee, (1) and the disclosure may be made by the select- 
men or town treasurer. — G. L., c. 249, s. 11. 

(1) See Digest, p. 620, s. 43. 

22. Petitions to the legislature, affecting the rights 



POWERS AND DUTIES OF TOWNS. 15 

or interests of any town, should be served in the same man- 
ner as writs, twenty-eight days before the Tuesday next after 
the first Monday in November next preceding the session at 
which such petition is to be presented. — G. L., c. 2, s. 2. 

23. The financial year of towns expires on the first day 
of March, and accounts and reports are to be made up as of 
that date.— G. L., c. 40, s. 10. 

24. Duties of collector and treasurer. Every 
collector of taxes shall, on the first Saturday of every month, 
pay into the town treasury all moneys by him collected up to 
that time, and shall submit his tax-book and list to the treas- 
urer of said town for his inspection and computation. The 
treasurer shall give a receipt to the collector for all money 
paid by him to the treasurer, who shall make all the dis- 
bursements thereof under the written authority of a ma- 
jority of the selectmen, and all money received by the 
selectmen shall be paid by them immediately to the treas- 
urer, who shall give them a receipt therefor, and his official 
bond shall be holden for the safe-keeping and disbursement 
of the same, as in this section provided for the disbursement 
of money received from the collector of taxes, and the select- 
men and town treasurer shall in all cases keep separate 
accounts of all money received and paid by them, and all 
money hired for the use of any town or received from any 
source, except that collected by the collector of taxes, shall 
be received by the selectmen, and be paid by them imme- 
diately to the treasurer. — G. L., c. 40, s. 9. 

(a) Every town treasurer shall, on the Monday following the first Saturday of every 
month, make a written statement, by him signed, to the selectmen of the town, of the 
amount of money in his hands belonging to said town, and the amount of money paid 
by him on town orders, and not previously reported, and at the same time submit his 
books and vouchers for their inspection ; and all such statements made by the treasurer 
to the selectmen shall be kept on file by the selectmen;— this act to be in force only in 
such towns as adopt the same. — Laws of 1883, c. 111. 

25. Couxty paupers. Any town in this state is hereby 
authorized, at any annual or biennial meeting, or at any 



16 POWERS AND DUTIES OF TOWNS. 

meeting specially called for that purpose, to raise money for 
the support of county paupers residing in such town ; and 
the county commissioners shall allow such town a reasonable 
sum, not exceeding the probable cost of the maintenance of 
such pauper at the expense of the county, for the partial or 
entire support of said pauper, as the case may be. — Laws, of 
1883, c. 112. 

26. Meeting-houses. If any meeting-house built by 
any town or corporation has ceased to be occupied as a 
place of public worship, such town or corporation may de- 
cide to sell the same at auction (1), and appoint a commit- 
tee to make the sale and execute a conveyance of the house 
and its appurtenances, said committee first publishing notice 
of the time and place of sale ; and the net proceeds of such 
sale shall be equitably divided between the proprietors, own- 
ers, and pew-holders of such house, according to the value 
of their respective interests therein, to be determined by the 
county commissioners for the county wherein the same is 
situate, on application to them for that purpose by any 
party interested — G. L., c. 154, s. 5. 

(1) A pew-owner holds subject to the right of the society to remodel or rebuild upon 
just terms as to compensation.— 4 R. 180; 109 Mass. 1 ; Digest 522; 58 R. 462. 

27. Appraisal of pews, etc. If any town shall vote 
to repair for town purposes any meeting-house built by the 
town, it shall cause the pews therein to be appraised by a 
committee of three disinterested persons, and pay to the 
pew-holders the full value of their respective interests, as 
determined by such appraisal, upon demand. Any pew- 
holder dissatisfied with the appraisal of his pew, or such town, 
may appeal to the next trial term of the supreme court for 
the county in which such house is situate, when the same 
proceedings shall be had as in the case of appeals from the 
assessment by selectmen of damages for land taken for high- 
ways. — G. L., c. 154, s. 15. 

28. Coasting -places. Any town, or the city council of 



EXECUTIONS AGAINST TOWNS AND DISTRICTS. 17 

any city, is hereby authorized and empowered to appropriate 
a sum not exceeding five hundred dollars in any year, for 
the purpose of providing a suitable sliding, coasting, or 
skating place or places, and of controlling and keeping the 
same in order, under such rules and regulations as they may 
prescribe, said appropriation to be made at any regularly 
called town-meeting, notice of such proposed action having 
been given in the warrant for the same, or at any regular 
meeting of the city council of any city. — Laws of 1883, 
c. 69, s. 3. 



CHAPTER II. 

EXECUTIONS AGAINST TOWNS AND SCHOOL-DISRICTS. 

1. Levied. The goods and estate of towns and of school- 
districts maybe taken on execution, and set off or sold, sub- 
ject to the provisions of this chapter, as in case of an execu- 
tion against an individual. — G. L., c. 239, s. 1. 

2. Notice. Any notice required to be given to a debtor, 
upon the sale or set-off of his property on execution, may 
be given to one of the selectmen of the town or prudential 
committee of the district, upon execution against such town 
or district. — Id., s. 2. 

3. Copy left with selectmen. If sufficient goods or 
estate of the town or district are no.t found to satisfy the 
execution, an attested copy thereof may be left with one of 
the selectmen of the town or prudential committee of the 
district. — Id., s. 3. 

4. Duty of selectmen. When such copy of an execu- 
tion against a town is so left, the selectmen shall pay the 
same, or assess a tax upon the polls and estate liable to 



18 EXECUTIONS AGAINST TOWNS AND DISTRICTS. 

taxation therein sufficient to satisfy the same and the offi- 
cer's fees thereon. — Id., s. 4. 

(a) An agreement by the owner of an execution against the inhabitants of a town, 
that if they will at once assess the amount required, and collect the same, he would 
make a certain discount, is founded on sufficient consideration, and will be enforced.— 
20 Maine 178. 

5. Of prudential committee. When such copy of an 
execution against a school-district is so left, the prudential 
committee shall pay the same, or call a meeting of the voters 
of the district, at which meeting they shall vote to raise the 
necessary sum to satisfy said execution and the officer's fees 
thereon ; and the clerk of the district shall certify the same 
to the selectmen, who shall forthwith assess a tax for said 
sum. — Id., s. 5. 

6. In thirty days. When such town or district tax is 
so assessed, the same shall be collected within thirty days, 
and applied in satisfaction of the execution. — Id., s. 6. 

7. Neglect to assess. If the selectmen to whom such 
vote of the school-district is certified neglect for thirty days 
to assess such district tax, and deliver to the collector their 
warrant for the collection thereof, such execution against 
the district may be levied upon the property of said select- 
men. — Id., s. 7. 

8. Levy upon property of selectmen. If such exe- 
cution is not paid within sixty clays after an attested copy is 
left as aforesaid, it may be levied, if against the town, upon 
the goods or estate of the selectmen, and if against the school- 
district, upon the goods or estate of the prudential commit- 
tee ; and if sufficient goods or estate of said selectmen or 
prudential committee are not found, it may be levied upon 
the property of any inhabitant of the town or district respec- 
tively; and if the goods or estate of said selectmen or pru- 
dential committee, and of the inhabitants of said town or dis- 
trict, are not sufficient to satisfy said execution, then it may 
be levied on the property in said town or district, as the case 



EXECUTIONS AGAINST TOWNS AND DISTRICTS. 19 

may be, of any non-resident thereof. In case any levy is 
commenced upon the property of any inhabitant or non-res- 
ident other than of one of the selectmen or of the prudential 
committee, the supreme court, upon application of the per- 
son whose property is so levied upon, or upon the application 
of any other property-owner in the town or district, shall 
issue a writ of mandamus ordering the selectmen to assess 
and collect a tax sufficient to pay the amount of the execu- 
tion and costs ; and if a vacancy exists before or after the 
issuing of the writ in the office of selectmen or collector, so 
that the tax cannot be assessed or collected by their aid, the 
court may appoint a receiver with full power to perform said 
duties of assessment and collection of the tax and payment 
of the debt. If application for the writ is made to the court 
by any person whose property is levied upon within thirty 
days after the commencement of such levy, further proceed- 
ings on the levy shall be suspended, unless the court shall 
otherwise order. — Id., s. 8, as amended by c. 67 of the Laws 
of 1885. 

9. Extext agaixst collector. If the collector to 
whom any warrant for the collection of such taxes is com- 
mitted neglects to collect and pay over the same to the select- 
men within thirty days after receiving the same, the select- 
men may issue an extent against him. — Id., s. 9. 

10. Remedy over. Every person upon whose property 
an execution against any town or school-district has been 
levied, may, in an action of assumpsit for money paid, recover 
of such town or school-district the sum so levied, and dam- 
ages and double costs. — Id., s. 10. 

11. Extents. The state treasurer, and each county and 
town treasurer, may issue extents under their hands and seals 
respectively in cases authorized by law, and such extents 
shall be deemed to be executions against the person and 
property. — G. L., c. 66, s. 1. 



20 MILITIA. 



CHAPTER III. 

MILITIA. 

1. Enrolment. The names of all male citizens of this 
state between the ages of eighteen and forty-five shall annu- 
ally, in April, be enrolled alphabetically by the selectmen of 
the towns and places and assessors of the cities in which they 
respectively reside. On such enrolment lists, and opposite 
the name of every person exempt from military duty, or a 
minor, or in the active militia, the selectmen and assessor 
shall write "Exempt," and the reason of such exemption, or 
"Minor," or "Active militia," as the case may be. Said 
lists shall contain the whole number enrolled in their respec- 
tive towns, places, and cities, and the number exempt on said 
rolls. They shall subscribe and make oath to said lists, that 
in their opinion, and to the best of their knowledge and be- 
lief, they are true. They shall file said lists in the offices of 
the respective town or city clerks on or before the first day 
of May in each year. The town or city clerks shall forward 
to the adjutant-general, on or before the tenth day of May 
in each year, a certified copy of said roll, and copy the same 
into an enrolment book kept by them for that purpose. — 
G. L., c. 95, s. 1. 

2. Reserved militia. All able-bodied male citizens en- 
rolled in this state, not exempt by law and not belonging to 
the New Hampshire National Guard, shall be known as the 
Reserved Militia of New Hampshire. — Id., s. 2. 

3. Exempts. The following persons, being exempted 
from military duty by the laws of the United States, shall 
not be included in said enrolment : that is to say, the vice- 
president of the United States; the officers, judicial and ex- 
ecutive, of the government of the United States; members 
of the houses of congress and their officers; custom-house 



MILITIA. 21 

officers and their clerks; inspectors of exports; pilots and 
mariners employed in the sea service of a citizen or merchant 
within the United States; postmasters, assistant postmasters, 
and their clerks; post-officers, post-riders, and stage-drivers 
in the care and conveyance of the mail of the United States ; 
telegraph operators, and ferrymen employed at any ferry on 
a post-road. — Id., s. 3. 

■i. Exempts continued. The following persons are 
also exempted from military duty, and shall not be included 
in said enrolment : that is to say, the members of the exec- 
utive council ; judges and clerks of the police and supreme 
courts ; judges and registers of probate ; registers of deeds ; 
the attorney-general ; sheriffs ; the secretary, deputy-secre- 
tary, and treasurer of the state ; the attendants upon the in- 
sane, employed in the asylum for the insane ; keepers of 
light-houses; conductors, enginemen, road-masters, and super- 
intendents of railroads and railroad trains, necessarily em- 
ployed in running the same ; members and officers of the 
legislature while in session ; persons who, having held com- 
missions in the army or navy of the United States, or in the 
militia of any state for five years, have been discharged or 
superseded ; persons who, having a warrant as drum or fife 
major, have done duty as such for five years, shall be ex- 
empt, except in case of war, invasion, rebellion, riot, or 
reasonable apprehension thereof ; persons employed as offi- 
cers or keepers in the state prison ; the officers and keepers 
of the asylum for the insane ; the superintendent of the re- 
form school and his assistants ; officers and keepers of jails 
and houses of correction ; common drunkards, idiots, vaga- 
bonds, and persons convicted of any infamous crime in this 
or any other state. — Id., s. 4. 

5. Quakers, Shakers, and Friends. Quakers, Shakers, 
and members of any society or meeting of the people called 
Friends, are also exempted, and shall not be included in said 
enrolment, if, on or before the twentieth day of April, annual- 



22 MILITIA. 

ly, they produce to the selectmen a certificate, signed by two 
or more of the elders, overseers, or principal persons, and clerk 
of the society or meeting with which they unite for worship, 
that they usually and frequently attend with such society or 
meeting for public worship, are members thereof in regular 
standing, and, in the belief of the person signing the certifi- 
cate, are conscientiously scrupulous of bearing arms. — Id., 
s. 5. 

6. Reserves, when dutiable. The reserved militia, 
so enrolled, shall not be subject to active duty, except in 
case of war, or for the purpose of preventing, repelling, or 
suppressing invasion, insurrection, or riot, or of aiding civil 
officers in the execution of the law, and then only when 
the active force shall be insufficient for that purpose. — Id., 
s. 6. 

7. How called out. When it is necessary for said 
purposes, the commander-in-chief may order into actual ser- 
vice as many of the reserved militia as may be required, by 
draft or otherwise, and if a draft is to be made, shall issue 
his orders to the selectmen to return from their towns the 
number required ; and they shall notify the persons enrolled 
to appear at a time and place of parade appointed by them, 
and then and there, by draft or voluntary enlistment, procure 
the required number, and forthwith return their names to 
the commander-in-chief. — Id., s. 7. 

8. Quota op each town. When a draft is made, each 
town shall be required to furnish its quota in proportion to 
the number of its able-bodied militia ; and members of the 
New Hampshire National Guard called into actual service, 
and volunteers enlisting for any town, shall be accounted for 
upon its quota. — Id , s. 8. 

9. Failing to appear. Every person enrolled who is 
ordered out, or is drafted, or volunteers, and fails to appear 
at the time and place designated by the selectmen for his 
reporting for duty, or has not then and there an able-bodied 



MILITIA. 23 

substitute, shall be dealt with as a soldier absent without 
leave. — Id., s. 9. 

10. Organization. When in actual service, the active 
and reserved militia shall be organized by the commander-in- 
chief into companies, regiments, brigades, and divisions, and 
proper officers appointed therefor. Commissioned officers 
shall furnish themselves with a sword, and non-commissioned 
officers and privates shall be armed and equipped by the 
state. — Id., s. 10. 

11. Discipline and pay. Officers and soldiers in actual 
service shall be governed and trained in accordance with the 
laws and regulations of the United States for governing the 
militia when in actual service, and shall receive the same 
pay as similar grades and arms of the service in the army of 
the United States. — Id., s. 11. 

12. Shirking duty. Any person knowingly and wil- 
fully refusing information, or giving false information to any 
selectman or assessor making such enrolment, respecting 
the name, age, residence, occupation, military service, or 
physical or mental disability of himself, or of his son, or 
ward, or person in his employ, or boarding with him, shall 
be fined twenty dollars ; and if the person incurring such 
forfeiture is a minor, his parent or guardian shall be liable 
therefor. In case of doubt as to exemption from military 
duty, the burden of proving such exemption shall be on the 
person claiming it ; and all enrolling officers may require 
the persons examined by them to testify under oath, and 
may administer such oath. — Id., s. 12. 

13. In enrolling. Any selectman or assessor neglect- 
ing or refusing to faithfully perform the duty of enrolling 
officer required by this chapter, or if they make any false 
entry upon said roll, or commit any other fraud in making 
said roll, shall be fined not exceeding five hundred dollars 
or imprisoned not exceeding one year. When the adjutant- 
general shall find, from the returns of the selectmen or 



24 MILITIA. 

assessors in any town or city, that they have not made a 
true report of the number of persons liable to military duty 
under the provisions of this title, he shall notify them by 
mail that they have failed to make such report ; and if they 
shall not make true report of the number of such persons, as 
nearly as the same can be ascertained, within twenty days 
after such notice, he shall notify the state's attorney in the 
county in which said selectmen or assessors reside, who 
shall proceed to enforce such penalty. — Id., s. 13. 

14. In returning enrolment. Any town-clerk or 
other officer required to forward a copy of the roll to the 
adjutant-general, and any selectman or other officer required 
to make any draft, or return the names of persons drafted 
or enlisted to the commander-in-chief, who neglects to make 
such draft or return, shall forfeit twenty dollars for each 
neglect, to be recovered by the adjutant-general, and cred- 
ited to the account of the active militia. — Id., s. 14. 

15. By order of governor. The names of all male 
citizens of this state, between the ages of eighteen and 
forty-five, shall, when ordered by the governor, (1) be en- 
rolled alphabetically by the selectmen of the towns and 
places and assessors of the cities in which they respectively 
reside. On such enrolment lists, and opposite the name of 
every person exempt from military duty, or a minor, or in 
the active militia, the selectmen and assessors shall write 
"■ Exempt" and the reason of such exemption, or " Minor," 
or " Active militia," as the case may be. Said lists shall con- 
tain the whole number enrolled in their respective towns 
and cities, and the number exempt on said rolls. They shall 
subscribe and make oath to said lists, that to the best of 
their knowledge and belief they are true. They shall file 
said lists in the offices of the respective town or city clerks 
within twenty days after they are notified by the secretary 
of state to make and prepare the same ; and said town or 
city clerks shall forward to the adjutant-general within ten 



SUPPRESSION OF RIOTS. 25 

days after said lists are filed as aforesaid, a certified copy of 
said roll, and copy the same into an enrolment book kept by 
them for that purpose. — Sec. 5 of c. 28 of the Laws of 1885. 

(1) If this was designed as a substitute for the enrolment required by s. 1 of c.*95 
G. L., ante s. 1, the legislature has probably failed to carry its intention into effect. 



CHAPTER IV. 

SUPPRESSION OF RIOTS. 

1. Orders to disperse. When twelve or more per- 
sons, any of them armed with clubs or dangerous weapons, 
or thirty or more, armed or not, are anywhere unlawfully, 
riotously, or tumultuously assembled, every mayor, alder- 
man, selectman, justice, constable, city marshal, police offi- 
cer, sheriff, or deputy sheriff, having authority to act in that 
place, shall go among the persons so assembled, or as near 
to them as they can safely go, and in the name of the state 
command (1) all persons there assembled to separate from 
the mob, and place themselves under the orders of the 
peace officers, and in the places directed by them, or depart 
immediately and peaceably to their homes. — G. L., c. 257, 
s. 1. 

(1) The proclamation may be in form as follows : 
In the name of the State of New Hampshire : 

All persons here assembled are commanded to separate from the mob, and place 
themselves under the orders of the peace officers, and in the places directed by them, or 
depart immediately and peaceably to their homes. 

2. Duties of peace officers. The said officers, and 
each of them, shall exert themselves to suppress such riot, 
and to arrest and secure all persons who have taken any part 
therein, or who shall refuse to obey their orders. They may 
command any person to assist in arresting and securing such 
rioters, and shall forthwith organize and arm, with such 

2 



26 SUPPRESSION OF RIOTS. 

weapons as can be obtained, such citizens as shall place 
themselves under their order, as the power of the county, 
and resist, repel, and suppress such riotous assembly. — Id., 
s. 2. 

3. Calling out troops. Whenever, in the opinion of 
the governor, judge of any court of record, sheriff, mayor, or 
any three selectmen, aldermen, justices, or other officers 
before named, there shall be occasion, they may order (1) 
any military company to appear with their arms, or may 
organize companies of volunteers, to assist in suppressing 
such riot, who shall forthwith assemble, and shall be under 
the orders of the civil officers engaged in suppressing such 
riot. — Id., s. 3 ; see, also, post s. 14. 

(1) It is better that the order be in writing, unless the circumstances be such as to 
preclude it. It may be like this : 

Manchester, March , 18 . 

The are ordered to appear with their arms, at the city hall in said Manchester, 

forthwith, to assist in suppressing a riot, and they will act under the orders of the civil 
officers engaged in suppressing such riot. 

A. B., etc. 

To , Capt. commanding. 

(a) The active militia, called the New Hampshire National Guard, are to be first or- 
dered out, the reserved militia being answerable only when the active force shall be 
insufficient (see ante 22, s. 6, and G. L., c. 96, s. 1, p. 232) ; but any persons may serve 
as volunteers. 

4. If rioters killed. If, in the effort made to sup- 
press such assembly, and to arrest and secure the persons 
composing it, though the number be less than twelve, any 
such person or any other person is killed and wounded, or 
any injury is done to persons or property, said magistrates, 
officers, and persons acting with them shall be held guiltless 
and justified in law. — Id., s. 4. 

5. If those suppressing the riot. — If any of said 
magistrates, officers, or persons acting with them in such 
efforts are killed or wounded, all persons so unlawfully as- 
sembled shall be liable, civilly and criminally, as prescribed 
by law. — Id., s. 5. 

6. Officials neglecting duty. Any mayor, alder- 



SUPPRESSION OF RIOTS. 27 

man, selectman, justice of any court or of the peace, sheriff, 
deputy sheriff, marshal, deputy marshal, constable, or police 
officer, having notice of any unlawful assembly, mob, or 
riot, in any place where he is authorized to act, refusing or 
neglecting to do his duty therein as prescribed by law, shall 
be fined not exceeding three hundred dollars. — Id., s. 6. 

7. Others present. Any person who shall be present 
at any riot, mob, or unlawful and tumultuous assembly, and 
shall not aid in suppressing the same, shall be fined not ex- 
ceeding fifty dollars, or imprisoned not exceeding three 
months. — Id., s. 7. 

8. Those promoting. Any person who shall promote, 
aid, or encourage any riot or mob, or take any lead, direc- 
tion, or control of such mob, by word or act, or attempt so 
to do, or who shall be armed or disguised therein, shall be 
liable criminally as a principal for any crime or offence 
which may be committed by such mob, or any of them. — 
Id., s. 8. 

9. Not dispersing. If any person shall continue unlaw- 
fully, riotously, and tumultuously assembled, after procla- 
mation made by any peace officer to disperse, or shall wil- 
fully obstruct such peace officer, known or openly declared 
by himself to be such, in making such proclamation, he shall 
be fined not exceeding five hundred dollars, and imprisoned 
not exceeding one year. — Id., s. 9. 

10. Rioters testifying for state. Any person par- 
ticipating in any riot, who shall be called by the state to 
testify as a witness upon the trial of any person for taking 
part therein, testifying fully in relation thereto, shall not be 
liable to any prosecution therefor. — Id., s. 10. 

11. Military fines. Any officer, musician, or private, 
who, after due notice, neglects to obey any legal order to 
turn out and march for the suppression of a riot, or in case 
of an invasion or threatened invasion, or to enforce the exe- 
cution of the laws of the state or of the United States, or 



28 SUPPRESSION OF RIOTS. 

when out refuses to obey the command of his superior offi- 
cers, shall be fined not more than five hundred dollars, or 
imprisoned not more than two years. — G. L., c. 103, s. 4. 

12. Towns liable to owner. — If persons unlawfully, 
riotously, and tumultuously assembled shall injure or destroy 
any property, real or personal, the town within the limits 
of which such property is situate shall be liable to indemnify 
the owner thereof for the property so injured or destroyed, 
in an action on the case. — G. L., c. 37, s. 12. 

13. Not if owner in fault. No person shall be en- 
titled to the benefits of the foregoing provision if it shall 
appear (1) that the destruction of his property was caused 
by his illegal or improper conduct, nor unless it be made to 
appear that he upon knowledge had of the intention or at- 
tempt to destroy his property, or to collect a mob for such 
purpose, and, sufficient time intervening, gave notice there- 
of to the mayor, selectmen, or a justice of the peace of the 
town in which such property was situate. — Id., s. 13. 

(1) See 45 R. 214; 48 R. 211; 58 R. 485. 

14. Means of prevention. The mayor of any city, 
and the selectmen of any town, are authorized, at the ex- 
pense of said city or town, to call out sufficient military force 
to suppress or prevent any mob or riot that may threaten or 
happen within its limits. — Id., s. 14 ; see, also, ante s. 3. 

15. Remedy over. Any town which shall pay any sum 
of money, under the provisions of the twelfth section, may 
recover (1) the same, in an action on the case, against any 
one, or against two or more jointly, who shall have injured 
or destroyed such property. — Id., s. 15. 

(1) The fact that the town paid in pursuance of an award upon a voluntary submis- 
sion, instead of waiting to be sued, will not defeat its remedy over.— Hanover v. Dewey, 
58 R. 485. 



PROPRIETARY RECORDS. 29 

CHAPTER V. ■ 

PROPRIETARY RECORDS. 

1. Clerk to furnish copies. Every proprietors' clerk, 
upon payment or tender of the fees therefor, shall furnish 
to any person applying a true and attested copy of any pro- 
prietary record in his possession. — G. L., c. 156, s. 16. 

2. Town-clerk TO keep, when. If in any town hav- 
ing fifty families or more settled therein there is no clerk 
of the proprietors of the common lands lying in such town 
residing therein, the town-clerk thereof shall demand and 
receive the proprietary records of any person having the 
possession' thereof, and shall keep the same with the records 
of the town, and any person having possession thereof shall 
deliver the same to such town-clerk. — Id., s. 17. 

3. If of two or more towns. If such proprietary 
records relate to lands lying in more towns than one, they 
shall be deposited in the office of the town-clerk of the town 
first incorporated, or in the office of the secretary of state. — 
Id., s. 18. 

4. To deposit with SECRETARY. When the proprietary 
of any town is dissolved, or when the meeting of the pro- 
prietors of any common and undivided lands shall be dis- 
solved, and the clerk thereof shall resign, decease, or become 
incapacitated, any person, the town-clerk of any town hav- 
ing fifty or more families excepted, having in his possession 
any record or document appertaining to such proprietary, 
shall file and deposit it with the secretary of state, who may 
demand and receive the same. — Id., s. 19. 

5. Secretary to redeliver. Whenever there are 
fifty families in any such town, and such town votes that 
the town-clerk shall keep such records and documents, or 
whenever such proprietors duly appoint a clerk thereof, the 
secretary shall deliver to such town-clerk or proprietors' 



30 PROPRIETARY RECORDS. 

clerk, on demand, the records and documents to him belong- 
ing, taking his receipt therefor. — Id , s. 20. 

6. Penalty for retaining. If any person shall wil- 
fully retain or keep any records or documents appertaining 
to the proprietary of any common and undivided lands, con- 
trary to the provisions of the four preceding sections, he 
shall be fined one hundred dollars. — Id., s. 21. 

7. Copies by secretary or town-clerk. While the 
records and documents aforesaid are in possession of the 
secretary of state or of any town-clerk, he shall make out, 
certify, and deliver copies of any part thereof, when there- 
to required, upon payment or tender of the legal fees there- 
for.— Id., s. 22. 

8. Effect as evidence. All copies of such records 
and documents so made and certified sl^all be as effectual (1) 
to all intents and purposes as copies by other certifying offi- 
cers. — Id., s. 23. 

(1) See Digest, p. 355, ss. 587, 588, p. 356, s. C07, p. 360, ss. 694-700, p. 558, s. 9. 

9. Fees for copies. The fees for copies shall be the 
same as are by law allowed to the clerk .of the supreme 
court.(l)— Id., s. 24. 

(1) That is to say under s. 3 of c. 290, G. L., which gives as follows : 

To every recording or certifying officer there shall be allowed for each page of two 
hundred and twenty-four words copied or recorded, seventeen cents. 

For any part less than a page, twelve cents. 

For every certificate on a copy of a whole case, fifteen cents. 

For every other certificate by him made, eight cents. 

For examining the records at the request of any person, for each hour necessarily 
spent therein, twenty-five cents. 

10. Neglect to furnish copies, penalty for. If the 
secretary of state or any town or proprietors' clerk shall not, 
within a reasonable time after the payment or tender of his 
fees therefor, make out, certify and deliver to any person a 
copy of any such record or document in his possession, he 
shall forfeit one hundred dollars to any person who will sue 
therefor, and be liable for all damages sustained by such 
neglect or refusal. — Id., s. 25. 



TOWN LINES. 31 

11. Secreting or destroying-. If any person shall 
wilfully secrete or destroy any proprietary record or docu- 
ment, or shall carry any such record or document out of 
this state, he shall be liable for damages to any person 
injured thereby, and be fined not exceeding one hundred 
dollars. — Id., s. 26. 



CHAPTER VI. 

TOWN LINES. 

1. Connecticut river, towns upon. The northerly and 
southerly lines of towns adjoining the Connecticut river (1) 
are continued and extended across said river to the westerly 
line of the state, and the west line of the state is the western 
boundary of such towns. — G. L., c. 51, s. 1. 

(1) Towns upon the Merrimack and Pemigewasset rivers go to the centre of the rivers, 
i. e., midway between the banks, and not to a line dividing the water in equal quanti- 
ties.— 23 R. 189; 28 R. 195, 217; Digest, p. 119, s. 20, p. 573, s. 14. And the lines vary as 
the banks advance or recede by gradual change.— 9 Cush. 492. 

2. Perambulation. The lines between the towns in 
this state shall be perambulated, and the marks and bounds 
renewed, once in every seven years forever, by the select- 
men of such towns, or by such person as they shall in 
writing appoint for that purpose. — Id., s. 2. 

(a) If the appointment takes the form of a reference, but the subsequent proceedings 
conform to the statute, it is a legal perambulation.— 24 R. 406, 115; Digest, p. 611, 
s. 142. The selectmen have no authority to alter the line, but they are to renew the 
marks— 3 R. 265 ; 23 R. 192; 34 R. 581; post s. 6 (3), s. 7 (a). 

3. Return of. A return of such perambulation shall 
be made, particularly describing the courses and distances 
and the marks and monuments of such line, which shall be 
signed by the selectmen or persons making the same, and 
recorded in the respective town books. — Id., s. 3. 

4. Notice, by whom given. The selectmen of the town 



32 TOWN LINES. 

first (1) incorporated, or, if both were incorporated on the 
same day, of the town which is highest in the proportion of 
public taxes, shall give to the selectmen of the town adjoin- 
ing notice of the time and place of meeting for such peram- 
bulation ten days before the day of meeting. — Id., s. 4. 

(1) This has been held to refer to the town first established with the limits existing at 
the time of the perambulation.— 28 R. 188; Digest, p. 612, s. 149. 

5. Neglect, penalty foe. If the selectmen whose 
duty it is to give such notice shall neglect to notify as afore- 
said, or shall neglect to attend agreeably to such notice ; or 
if the selectmen of any town, after being duly notified, shall 
neglect to attend; or if any selectman shall neglect to cause 
a return of such perambulation to be made and recorded as 
aforesaid, each selectman so neglecting shall forfeit twenty 
dollars, one half for the use of the town whose selectmen 
have done their duty, and the other half to the use of the 
county. — Id., s. 5. 

6. Disagreement of selectmen. When the selectmen 
of adjoining towns shall disagree in renewing (1) and estab- 
lishing the lines and bounds of such towns, the supreme 
court for the county in which the town first incorporated or 
paying the tax as aforesaid is situate, upon petition and 
after notice (2) to the other towns interested, shall, by 
themselves or a committee for that purpose, examine said 
(3) disputed lines, and their decision thereon shall *be final ; 
and the court may order either or both towns to pay the 
costs (4) as they may think just — Id., s. 6. 

(1) The jurisdiction of the court is not limited to cases in whidi lines have been pre- 
viously run and marked.— 18 R. 227; Digest, p. 612, s. 148. 

(2) No one is entitled to notice of the pendency of the petition, and of the hearing 
before the committee appointed thereon, except the opposing town.— 23 R. 188; Digest, 
p. 612, ss. 150, 151. 

But persons whose interests might be injuriously affected, may be permitted to 
appear and oppose the acceptance of the report on giving security for costs.— Id. 

(3) If it appear from their report that the line established by the committee is not 
the true line between the towns, their report will be rejected.— 23 R. 188, 192; Digest, 
p. 612, s. 147. 

(4) As a general rule the costs will be equally divided between the towns; but should 
it appear that the objections to a perambulation by the selectmen of one of the towns 



TOWN LINES. 33 

were frivolous and unfounded, the court would order such town to pay all the costs.— 
25 R. 225; Digest, p. 205, ss. 69, 61. 

7. Effect. A perambulation by the selectmen, or a per- 
son appointed by them, is evidence (1) against all persons of 
the true line, but is not conclusive upon any one ; nor was a 
determination of the court of sessions conclusive. 

(1) 3 R. 612; 34 R. 581; 5 R. 34; 37 R. 132; Digest, p. 349, s. 462. 

(a) But selectmen have authority in cases of doubt to agree where an existing line is, 
and such an agreement will be conclusive upon the subject.— 18 R. 98, 101; 3 R. 265; but 
see 16 R. 247; Digest, p. 612, s. 146. 

(b) The line of a town may be established by the exercise of jurisdiction on the one 
side, and acquiescence on the other, for twenty years, so as to conclude the right of the 
towns, but not necessarily the rights of land-owners. — 28 R. Ill; Digest, p. 259, ss. 227, 
228. 

(c) By the exercise of jurisdiction for a less period than twenty years, a town may be 
estopped to deny the settlement of paupers depending upon it, if in consequence the 
other town has altered its position.— 2 R. 242; Digest, p. 322, s. 41; 30 Maine 504; 23 do. 
4S3; 13 do. 142; 6 Cush. 320; 30 Vt. 504; 16 do. 422. 

If the legislature establish the line of a township, the state will be estopped from say- 
ing that the township does not extend to such a line. — 5 R. 280. 

The legislature can change the jurisdiction line at pleasure.— Id. ; 3 R. 532; Digest, p. 
158 (d). 

(d) Fiaud. A perambulation induced by fraud of the selectmen of one of the towns 
will be made inoperative by injunction. Greenville v. Mason, 57 R. 385. 

8. The judgment of the supreme court upon the report 
of the committee is a judgment in rem, and conclusive upon 
all persons as to the jurisdictional (1) line, and it has been 
held conclusive, even in a suit between third persons, com- 
menced prior to the proceedings for establishing the line, 
but pending at the time of the rendition of the judgment. 

(1) 34 R. 577; Digest, p. 443, ss. 75, 76; but see 28 R. 116. 

9. Unincorporated places. All places not incorpo- 
rated as towns, which shall be required to pay any public 
tax, are invested with the powers of towns relating to the 
choice of moderator and clerk, supervisors, selectmen, assess- 
ors, and collectors ; and all the provisions of laws applicable 
to towns ?md town officers are extended to such places and 
their officers, so far as they relate to meetings for the choice 
of such officers, and to their election, powers, duties, and 
liabilities, and so far as they relate to public highways, the 

2* 



34 TOWN LINES. 

assessment and collection of public taxes, and the perambu- 
lation of the lines of such places. — G. L., c. 52 : see post s. 
18. 

10. The form of notice under s. 4 ante, may be, — 
To the selectmen of the town of : 

The undersigned, selectmen of the town of -, hereby 

notify you to meet them at , in the town of , on 

the day of next, at o'clock in the noon, 

for the purpose of perambulating the line between said 
towns, and renewing the marks and bounds thereof as re- 
quired by law. 

Dated at , this day of , 18 — . 

) Selectmen 

> of 



11. The appointment of an agent may be thus : 

To of the town of : 

The undersigned, selectmen of the towns of and 

respectively, hereby appoint you to perambulate the 



line between said towns, and renew the marks and bounds 
thereof, and make return of such perambulation according 
to law. 

Dated at , this day of , 18 — . 

) Selectmen 

\ of 



Selectmen 
of 



12. The return of a perambulation maybe as fol- 
lows: 

PER AMBULATION . 

Pursuant to a notice by the selectmen of the town of 
to the selectmen of the town of , the under- 



signed met at , in the town of , on the 

day of last, at o'clock in the noon, the time 



TOWN LINES. 35 

and place specified in said notice, and proceeded to peram- 
bulate the line between said towns, and renew the marls 
and bounds thereof, and establish the same as follows : — 

Beginning at a tree at the corner of said , 

and marked [describe], which is established as the corner 
bound between said towns ; thence [here insert the courses 
and distances and monuments, describing them, and the 
marks upon them particularly ; stone or other permanent 
monuments having been put up when necessaiy.] 

In witness whereof we have hereunto set our hands this 

day of , 18—. 

) Selectmen 

> of 



Selectmen 
of 



13. The form of a return by persons appointed 
may be, — 

PERAMBULATION. 

Pursuant to an appointment by the selectmen of the 

towns of and , the undersigned, on the 

day of last, perambulated the line between said 

towns, and renewed the marks and bounds thereof, and 
established the same as follows — Beginning, &c. (as in s. 
12 ante). 

Witness our hands this — day of , 18 — . 



14. The return should be recorded by each town-clerk, 
and the record attested at the bottom : 

Received 18 — and recorded. 

A true record. Attest : , Town Clerk. 

15. Removing landmarks. If any person shall wil- 
fully and maliciously remove or alter any boundary (1) of 



36 TOWN LINES. 

lands, or deface, alter, or remove any mark upon any tree or 
other monument made for the purpose of designating any 
point, course, or line in the boundary of any lot or tract of 
land, or dividing line between towns, such person shall be 
fined not exceeding twenty dollars, or imprisoned not 
exceeding six months, or both. — G. L., e. 281, s. 1. 

(1) A. monument put up by the committee to whom a petition h referred does not 
become a boundary, within the meaning of this section, until acceptance of their report 
and judgment thereon. 

16. A petition to the court under s. 6 ante, may be, — 
H , ss. To the Supreme Court : 

The undersigned, selectmen (1) of the town of , re- 
spectfully represent, that on the day of last 

they met the selectmen of the town of , pursuant to 

notice previously given, for the purpose of perambulating 
the line between said towns, and renewing the marks and 
bounds thereof, but the said parties disagreed and still dis- 
agree in renewing and establishing such line and bounds : 
wherefore the undersigned request said court, by themselves 
or a committee for that purpose, to examine said disputed 
line and establish the same, and renew the marks and 
bounds thereof. 

) Selectmen 

> of 



(1) It is presumed that the petition may be in the name of the town.— 18 R. 93. But 
it has been usually in the name of the selectmen.— 18 R. 227; 23 R. 188. 

17. A mistake in the chaeter of a township cannot 
be corrected in a suit between individuals. (1) And it 
seems that the court has no jurisdiction to correct it. — Id. 

(1) See 5 R. 280. 

18. By county commissioners. When the place next 
to any town has no organization, and is on the line of ad- 
joining counties, the county commissioners of the county in 
which the place is situated shall be empowered to act in the 



PUBLIC CEMETERIES AND PARKS. 37 

perambulation of the line between the county and town, and 
be notified, and proceed in the same manner, and subject to 
the same liabilities as the selectmen of towns. — Laws of 
1881, c. 61. 



CHAPTER VII. 

PUBLIC CEMETERIES AND PARKS. 

1. Cemeteries. Every town shall provide one or more 
suitable public cemeteries (1) for the interment of deceased 
persons within its limits, which shall be subject to such reg- 
ulations as the town may establish. — G. L., c. 49, s. 1. 

(1) The jurisdiction of the town under this section, and that of the selectmen under 
the second section, are to some extent concurrent. The town, although bound to pro- 
vide cemeteries, cannot directly take land for the purpose, except by purchase ; the 
selectmen may take land, as in case of a highway, but cannot by their own author- 
ity pledge the credit of the town to pay for it. If upon an article in the warrant, " To 
see if the town will provide one or more suitable public cemeteries for interment of de- 
ceased persons within its limits, to be subject to such regulations as the town may estab- 
lish." it should be voted " to refer the whole subject to the selectmen, with fall power to 
act, provided that a sum not exceeding dollars be expended or pledged for that pur- 
pose," it is presumed that the selectmen would have the requisite authority within the 
limits prescribed.— See Croioell's Appeals, 63 R. 17, 42. 

2. Laying- out. Whenever there is a public necessity 
for the establishment of any new, or the enlargement of any 
already established, cemetery, park, or common, and land 
necessary therefor cannot be obtained in any suitable place 
at a reasonable price by contract with the owner, the mayor 
and aldermen, or the selectmen, upon petition therefor, (1) 
may lay out such quantity of land as in their judgment is 
necessary for establishing or enlarging such cemetery, park, 
or common, and appraise the damage to the owner: provided, 
however, that no cemetery shall be laid out within (2) 
twenty rods of any dwelling-house, store, or other place of 
business, without the consent of the owner or owners of the 
same, nor any enlargement of existing cemeteries within 
twenty rods, except when the land so laid out is at a greater 



38 PUBLIC CEMETERIES AND PARKS. 

distance from any dwelling-house, store, or public place than 
the original cemetery for which such land shall be taken for 
enlargement; and all proceedings (3) upon said petition, 
and the return and record of such proceedings, and the 
remedy of the owner, (4) in case he is dissatisfied with the 
selection of such land, or the damages awarded, shall be the 
same as in the case of highways laid out by them. — Id., s. 2. 

(1) In Growell's Appeals, 63 R. 42, it is decided that the most suitable land may be 
taken by appraisal when it cannot be obtained by purchase ; but there is an ambiguity 
in the statute which ought to be corrected. A petition under the law as it is, or as it 
may perhaps become, may be in form as follows: 

To the selectmen of the town of : 

The undersigned represent that there is a public necessity for the establishment of a 
new public cemetery in said town, and that a parcel of land bounded [give definite 
bounds] is a suitable place, and the most suitable place, for such cemetery. Wherefore 
your petitioners pray that said parcel, or so much thereof as in your judgment is neces- 
sary, be laid out for such a cemetery, and in case said land cannot be obtained at a 
reasonable price by contract with the owner, that you appraise the damage to him as 
provided by law." 

Date and signature. 

Order of notice as in case of highways.— See post c. 41, s. 34. 

Laying out as in case of highways, post c. 41, s. 36, to the words in italics, and then — 
We are of opinion that there is a public necessity for a new public cemetery in said 
town, and that the land described in said petition is a suitable place, and under all the 
circumstances the most suitable place, for such cemetery, but the same cannot be ob- 
tained at a reasonable price by contract with the owner, and we lay out said parcel 
for a new public cemetery, bounded and described as in said petition, and we award 
damages, etc. 

If only a portion of the land described in the petition is found to be needed, — 

" We are of opinion that there is a public necessity for a new public cemetery in 
said town, and that the land hereinafter bounded, parcel of the land described in said 
petition, is a suitable place, and under all the circumstances the most suitable place, for 
such cemetery, but the same cannot be obtained for a reasonable price by contract with 
the owner, and we liy out the same for a public cemetery, bounded and described as 
follows [give definite bounds] ; and we award damages, etc. 

(2) This does not prohibit the taking of land on which a dwelling-house stands, and 
awarding damages accordingly; Crowell v. Londonderry, 63 R. 42. The prohibition 
does not extend to private cemeteries. 58 R. 64. 

(3) See post c. 41, ss. 33-87. 

(4) See post c. 41, ss. 23, 24, 25, 41. 

(a) A petition for an enlargement may say that there is a public necessity for the en- 
largement of the public cemetery in said town, known as [describe it], and that a parcel 
of land bounded, etc., is a suitable place, and the most suitable place, for such enlarge- 
ment. Wherefore the petiti ners pray that said parcel, or so much thereof as in your 
judgment is necessary, be laid out for the enlargement of said cemetery.— The subse- 
quent proceedings as in the other case, the necessary changes being made. 

(b) A land-owner, who knows that one of the petitioners is related to one of the board 
of selectmen, waives the objection by going to trial on the merits, without presenting 
the objection to the board. He also so waives any objection that notice was not given 
to the town-clerk. Crowell v. Londonderry , 63 R. 42. 



PUBLIC CEMETERIES AND PARKS. 39 

3. Discontinuing. Whenever there is a public neces- 
sity for the discontinuance of any cemetery, park, or com- 
mon, and the removal of the dead bodies or remains of per- 
sons buried in any cemetery, such cemetery, park, or com- 
mon may be discontinued, upon like notice, proceedings, 
return, and record, and subject to the same right of appeal 
as in case of the discontinuance of highways; and the mayor 
and aldermen, or selectmen, may disinter all the remains of 
persons buried in such public cemetery, and reinter the 
same in some suitable cemetery, such disinterment and re- 
interment to be done prudently and with all proper care and 
attention, — all monuments, gravestones, and other appurte- 
nances attached to the grave being carefully removed and 
replaced with as little injury as the nature of the case will 
admit, and at the expense of said town or city; and, in case 
of injury to any such monument, gravestone, or other appur- 
tenance, the town or city shall pay all damages therefor ; 
and all proceedings relating to such removal of dead bodies 
and other things aforesaid, and for obtaining increased dam- 
ages in case any person is dissatisfied, shall be the same as in 
the case of the discontinuance (1) of highways, and subject 
to the same right of appeal; and such reinterment shall be 
made as aforesaid, at the expense of said city or town, in 
any public cemetery within such city or town, and in such 
unoccupied part of said cemetery as shall be designated by 
the nearest surviving relatives of the deceased person whose 
remains are removed (id., s. 3) ; and no cemetery shall be 
discontinued, or the dead bodies or remains of persons buried 
in any cemetery be removed in any town or city, unless said 
town by a vote of three fourths of its voters present and 
voting thereon, or said city by a vote of three fourths of its 
city government, shall first vote in favor of such discontinu- 
ance or removal (id., s. 4). 63 R. 42. 

(1) See post c. 44. 

4. Pakk or common. Before any new park or common (1) 



40 PUBLIC CEMETERIES AND PARKS. 

is laid out, or established, or enlarged, or any old park or 
common is discontinued, the mayor and aldermen, or select- 
men, shall first submit the question of such laying out, es- 
tablishment, enlargement, or discontinuance to the legal 
voters of the town or city for their approval or dissent, at a 
meeting duly called for that purpose, and be governed by 
such approval or dissent ; and such establishment or discon- 
tinuance of any park or common shall not be valid unless 
approved by a majority of all the legal voters in such town 
or city voting at said meeting. — Id., s. 4. See ante, ss. 2, 3. 

(1) Proceedings in relation to a park or common may be as ante s. 2, and notes, the 
necessary changes being made. 

5. Not exceeding one per cent. Any town or city 
may raise and appropriate money to purchase real estate, 
not exceeding in cost one per cent, of the valuation, to be 
held and improved for the purpose of a park or common — 
Id., s. 5. 

6. Preservation. Any city or town that has a park or 
common may raise and appropriate money to improve and 
ornament the same, and may establish regulations for its 
protection and preservation, and enforce their observance by 
suitable penalties, not exceeding ten dollars for any offence, 
to be recovered in such manner, and appropriated to such 
use, as said city or town may direct. — Id., s. 6. 

7. Legacies eor cemetery lots. It shall be lawful 
for any city or town to accept any donation or legacy that 
may be made to such city or town for the purpose of insur- 
ing proper care and attention to any grave or lot in any pub- 
lic cemetery, and the avenues connected therewith, and the 
monuments belonging thereto ; and any city or town accept- 
ing such donation or legacy shall be legally bound to perforin 
the conditions attached to such donation or legacy, accord- 
ing to the terms thereof. — Id., s. 7. 

8. How invested. Any donation or legacy, accepted 
by any city or town under the provisions of this act, shall 



PUBLIC CEMETERIES AND PARKS. 41 

be safely invested in United States, state, county, city, or 
town securities, and the annual income thereof alone ex- 
pended in performing the conditions attached to such dona- 
tion or legacy. — Id., s. 8. 

9. Other funds in trust. Cemetery corporations and 
the trustees of town cemeteries, or other officers having law- 
ful charge of the same, may take and hold funds upon trust, 
to apply the income thereof to the improvement or embel- 
lishment of the cemetery, or to the care, preservation, or 
embellishment of any lot, or its appurtenances. — Id., s. 9. 

10. Receiving-tombs. Every town may build and keep 
in repair one or more receiving-tombs, which shall be sub- 
ject to such regulations as the town may establish. — Id., s. 
10. 

11. Injuries to cemeteries. If any person shall wrong- 
fully destroy, mutilate, deface, injure, or remove any tomb, 
monument, gravestone, or other structure in any place used 
or intended for the burial of the dead, or any fence, railing, 
or curb for the protection of any such structure, or any in- 
closure for any such place of burial, or shall wrongfully 
injure, cut, remove, or destroy any tree, shrub, plant, or 
flower growing within any such inclosure, or upon any lot 
used or intended for the burial of the dead, he shall be im- 
prisoned not exceeding six months, or fined not exceeding 
five hundred dollars, or both. — G. L., c. 281, s. 14. 

12. Unauthorized disinterment. If any person, not 
authorized by the selectmen, overseers of the poor, or a jus- 
tice, or by any law, or by a relative or friend, for the purpose 
of reinterment, shall dig up, remove, or carry away any hu- 
man body or the remains thereof, or shall conceal the same 
knowing it to have been illegally dug up, he shall be impris- 
oned not exceeding one year, or fined not exceeding two 
thousand dollars, or both. — G. L., c. 281, s. 15. 

13. Permit to surgeons. The county commissioners 
of any county, the mayor and aldermen of any city, the over- 



42 PERMIT TO SURGEONS. * 

seers of the poor of any town, the warden of the state prison, 
and the keeper of any jail in the state, may give permission 
to any physician or surgeon (preference being given to in- 
structors in medical schools established by law), upon his 
request in writing, to take the bodies of any such persons 
dying in their county, city, town, or in the state prison or a 
jail, as are required to be buried at the public expense, to be 
by him used within the state for the advancement of ana- 
tomical and medical science. — G. L., c. 134, s. 1. 

14. Who shall give bonds. Every person before receiv- 
ing any such body shall give to the officers surrendering it a 
sufficient bond that such body shall be used only in the state 
for the promotion of science, and in such manner as in no 
event to outrage or annoy the public, and that after the use 
allowed by law, the remains of said bodies shall be decently 
buried.— G. L., c. 194, s. 2. 

15. When to be refused. No such body shall be sur- 
rendered if the deceased during his last sickness requested 
to be buried, or if within twenty-four hours after his death 
any person who is a friend, or of kindred to the deceased, 
requests the body to be buried, or if the deceased was a 
stranger or traveller who died suddenly. In other cases 
described in section one of this chapter, it shall be the duty 
of the officer or officers aforesaid to surrender such body, 
upon request as in that section provided, upon receipt of the 
bond provided for in section two. — G. L., c. 194, s. 3. 



CHAPTER VIII. 

PUBLIC LIBRARIES. 

1. Public libbabies. Any town may raise and appro- 
priate money to procure books, maps, charts, periodicals, and 
other publications for the establishment and perpetual main- 



PtraLIC LIBRARIES. 43 

tenance within its limits of a public library ; for the purchase 
of such land and the erection of such buildings as may be 
necessary for the suitable accommodation thereof ; and for 
the compensation of such officers or agents as may be neces- 
sarily employed in the establishment and management of 
such a library. — G. L., c. 50, s. 1. 

2. Use of, to be free. Every public library established 
under the provisions of this chapter shall be open to the free 
use of every inhabitant of the town where the same exists, 
for the general diffusion of intelligence among all classes of 
the community, subject to such rules and regulations for the 
well ordering and careful preservation thereof as may be 
established and ordained by such town — Id., s. 2. 

3. Gifts for benefit of. Any town may receive, hold, 
and possess, or sell and dispose of, all such gifts, donations, 
devises, bequests, and legacies as may be made to such town 
for the purpose of establishing, increasing, or improving such 
public library, and may apply the proceeds, interest, rents, 
and profits accruing therefrom in such manner as will best 
promote the prosperity and utility of such library. — Id., s. 3. 

(a) A town cannot hold property in trust for objects wholly foreign to the purposes 
for which towns are created.— 35 R. 456. 

But if disqualified to hold in any case, the court will appoint a trustee. — Id. 

Towns in this state ma; hold funds in trust for the support of religion within their 
limits (38 R. 460, Digest, p. 148, s. 17), and for the purchase of flags of our country. 

The title of ministerial and school lots, under the original charters, is held to have 
vested absolutely in the several towns.— 3 R. 524, 531; 2 R. 110; Digest, p. 163, s. 132. 

A city or town may hold property in trust for the benefit of poor persons therein, 
though not paupers.— 5 Allen 575. 

4. Copy of laws furnished, etc. Every town in 
which a public library is established shall be entitled to re- 
ceive annually a copy of the laws, journals, and all other 
works published by authority of the state, for the use of 
such library, and the secretary is required to furnish the 
same from year to year to such towns for that purpose. — 
Id., s. 4. 

5. Injuries to. If any person shall wilfully or mali- 



44 WARNING TOWN-MEETINGS. 

ciously write upon, injure, deface, tear, or destroy any book, 
map, chart, plate, picture, engraving, or statue belonging to 
any law, school, college, town, city, or other public library, 
he shall be punished by a fine not exceeding fifty dollars, or 
by imprisonment not more than thirty days, or both. — G. L., 
c. 281, s. 13. 



CHAPTER IX. 

WARNING TOWN-MEETINGS. 

1. In March. A meeting of every town shall be holden 
.annually on the second Tuesday of March for the choice of 
town officers and the transaction of all other town business. 
A town-meeting may be warned by the selectmen, when in 
their opinion there shall be occasion therefor. — G. L., c. 38, 
s. 1. 

2. Warrant eor. The warrant for any town-meeting 
shall be under the hands and seal of the selectmen, and shall 
prescribe the place, day, and hour of the meeting The sub- 
ject-matter of all business to be there acted upon shall be 
distinctly stated (1) in the warrant, and nothing done at any 
meeting shall be valid unless the subject thereof is so stated. 
—Id., s. 2. 

(1) Chapter 45 of the Laws of 1885 provides that no election of any town officer required 
by law to be made at any annual or biennial town-meeting shall be rendered invalid by 
reason of the omission of the subject in the warrant for the meeting. And in other 
cases where the object is plainly expressed, although in general terms, the article will 
cover specifications and particulars obviously embraced in it.— 56 R. 272 ; 54 R. 71, 80, 
and cases there cited. 

3. Special articles. The selectmen, upon the written 
application of ten or more voters, or one sixth of the voters 
in town, shall insert in their warrant for the biennial, annual, 
or any other meeting, any subject specified in such applica- 
tion, or shall warn a meeting therefor, if requested in such 
application. — Id., s. 3. See post s. 18. 



WARNING TOWN-MEETINGS. 45 

4. Forms and posting. The selectmen may address 
their warrant to the inhabitants of the town qualified to Vote 
in town affairs, in which case they shall post an attested 
copy of such warrant at the place of meeting, and a like 
copy at one other public place in the town, fourteen days 
before the clay of meeting. — Id., s. 4. 

5. To constable. Warrants for town-meetings may be 
directed to a constable of the town, requiring him to notify 
the inhabitants ; and such constable shall post an attested 
copy of such warrant, as provided in the preceding section. 
— Id., s. 5. See post s. 15. 

6. Town may direct methods. Any town may, by 
vote, prescribe a different method of warning meetings, and 
the meetings warned in pursuance of such vote shall be 
legal and valid. — Id., s. 6. 

T. Return of posting. The selectmen or the consta- 
ble serving any warrant shall return the same, at the time 
and place of meeting, with a certificate of the service there- 
of, to the town-clerk, or, in his absence, to one of the select- 
men. — Id., s. 7. See post s. 14 (a) and s. 16. 

8. VACANCIES. In case of the death or removal of any 
of the selectmen of a town, the major part (1) of those who 
remain in office shall have power to warn meetings. — Id., 
s. 8. 

(1) If but one selectman remai as in office, he may call the meeting, although in gen- 
eral one selectman has no authority. 59 R. 46. 

9. Authority oe justice. If the selectmen unreason- 
ably neglect or refuse to warn a meeting, or to insert any 
article in their warrant, a justice of the peace, upon applica- 
tion in writing of one sixth part of the voters of such town, 
may issue a warrant for such meeting. — Id., s. 9. See post 
bs. 19-26. 

10. If no legal meeting. If the biennial or annual 
meeting in any town shall not have been held, or if there 
has never been any legal meeting of the town, or if, by rea- 



46 WARNING TOWN-MEETINGS. 

son of death, removal from the town, disability, or resigna- 
tion of the board of selectmen, no member of the board re- 
mains in office, a justice of the peace, on application of ten 
voters, or of one sixth part of the voters of the town, may issue 
a warrant for such meeting. — Id., s. 10. See post ss. 21-26. 

11. Warrant of justice. The warrant of a justice of 
the peace for a town-meeting shall be under his hand and 
seal, directed to a constable of the town, if any there be, 
otherwise to one of the voters applying ; shall specify the 
time, place, and object of such meeting, and be served and 
returned in the same manner as warrants issued by select- 
men.— Id., s. 11. See post 23-26. 

12. Fining selectmen. If selectmen neglect to issue a 
warrant for the holding of meetings for the choice of state, 
county, or town officers, electors of president and vice-presi- 
dent of the United States, and representatives in congress, 
or neglect to cause copies of such warrant, if not directed to 
a constable, to be duly posted, or notice of such meeting to 
be given agreeably to any vote of the town, they shall for 
each offence be fined fifty dollars, to the use of the town. — 
Id., s. 12. 

13. Posting. An attested copy of the warrant must be 
posted by the selectmen, constable, or other person duly 
authorized to serve the same, at the place of meeting, and a 
like copy at one other public place in the town fourteen 
days before the day of meeting. Both days are excluded, 
and therefore a posting as early as Monday, two weeks be- 
fore the Tuesday on which the meeting is to be holden, is 
indispensable. Digest, p. 608. 

(a) A posting of the original warrant instead of a copy may be sufficient (Digest, p. 
608, s. 65) , but should be avoided. 

(b) If the copy be inaccessible to the public, as when it is posted upon the inside of 
the door of the place of meeting, and the door kept locked, the notice is insufficient.— 
21 It. 562; Digest, p. 608, s. 64. 

(c) Public place. The words " public place " mean such places as, in comparison 
with others in the same town, are those where the inhabitants and others most fre- 
quently meet or resort. — 40 R. 173; Digest, p. 366, s. 54. 



WARNING TOWN-MEETINGS. 47 

A meeting-house is prima facie a public place, and a return of a posting upon a meet- 
ing-house need not describe it as a public place; but if of little or no public resort in 
comparison with other places in the city or town, it is not to be deemed a "public 
place."— 40 R. 183. A shoemaker's shop in Deerfleld was held not to be a "public 
place."— 3 R. 178; 40 R. 187. 

In new and thinly settled towns and places, there may be neither post-office, church, 
tavern or store, and the school-house, mill, or mechanic's shop may be properly re- 
garded as the most public place; and the same remark may, under proper circumstan- 
ces, apply to the bridge, or the guide-board, or the box by the roadside where newspa. 
pers are left for subscribers, and to posts and boards erected by public authority for 
posting notices, where the evidence shows that no more public places can be found.— 
Bell, C J., 40 R. 188. 

11. Warrant for annual town-meeting. 
The State of New Hampshire. 

[L. S.] To the inhabitants of the town of qualified 

to vote in town affairs. 

You are hereby notified to meet at , in said town, 

on the second Tuesday of March next, at of the clock 

in the forenoon, to act upon the following subjects : 

1. To choose a moderator to preside in said meeting. 

2. To choose by ballot and major vote a town-clerk. 

3. To choose by ballot and major Tote three selectmen. 

4. To raise such sums of money as may be necessary for 
the support of schools. 

5. To raise such sums of money as may be necessary for 
maintenance of the poor. 

6. To raise such sums as may be necessary for repairing 
highways. 

7. To raise such sums as may be necessary for laying out 
and constructing highways. 

8. To raise such sums as may be necessary for other 
necessary town charges. 

9. To choose by ballot and major vote one or more 
assessors. 

10. To choose by ballot and major vote a treasurer. 

11. To choose three persons (1) for a school board, 

(1) To choose a person for the school board. 



48 WARNING TOWN-MEETINGS. 

12. To choose by major vote overseers of the poor, fire 
wards, and health officers. 

13. To choose by major vote one or more constables, one 
or more collectors of taxes, surveyors of highways, fence- 
viewers, sealers of weights and measures, a pound-keeper, 
measurers of wood, surveyors of lumber, cullers of staves, 
and such other officers and agents as the town may judge 
necessary to be chosen. 

14. To see if the town will vote to discontinue the high- 
way leading from to . 

15. To hear the reports of agents, auditors, committees, 
or officers heretofore chosen, and pass any vote relating 
thereto (1). 

(1) See 11 Gray 340; 11 Cush. 294; 7 Met. 218; Digest, p. 577, s. 6. 

16. To see, etc. 

Given under our hand and seal, this day of Febru- 
ary, 18 — . 

) Selectmen 

of 



A true copy of warrant. 

Attest : 



Selectmen 
of 



(a) Certificate of posting by selectmen. 

, March , 18 — . We hereby certify that on 

the day of February last, we posted an attested copy 

of the within warrant at the place of meeting within speci- 
fied, and a like copy at , a public place in said town 

) Selectmen 

\ of 






15. Warrant for a town-meetino, when directed 
by the selectmen to a constable. 



WARNING TOWN-MEETINGS. 49 

The State of New Hampshire. 

[L. S.] To , one of the constables of the town of ; 



You are hereby required to notify and warn the inhabi- 
tants of said town, qualified to vote in town affairs, to meet 

at , in said town, on the second Tuesday of March 

next, at ten of the clock in the forenoon, to act upon the 
following subjects : 

[Insert articles as in s. 14 ante.~\ 

Hereof fail not, and make due return of this warrant with 
your doings thereon, to the town-clerk, or in his absence to 
one of the selectmen, at the time and place of said meeting. 

Given, &c, — as ante s 14. - 

A true copy of the warrant. 
Attest : 

Constable of . 

16. Certificate of posting by a constable. 

, March — , 18 — . I hereby certify that on the 

day of , 18 — , I posted an attested copy of the 



within warrant at the place of meeting within specified, and 

a like copy at , a public place in said town. 

, Constable of . 

17. Application to selectmen to call a town- 
meeting. 
To the selectmen of the town of : 

The undersigned, legal voters of said town, [or, " being 
one sixth part of the legal voters of said town,*'] (1) request 

you to call a meeting of said town, to be holden at , 

in said town, on the day of September next, at 



o'clock in the forenoon, to act upon the following subjects : 
[Here insert the articles.] 

Dated at said , this day of , 18 — . 

AB, 
C D, etc. 
If the application is granted, the warrant may be in com- 
mon form, since the selectmen may call a town-meeting 
3 



50 WARNING TOWN-MEETINGS. 

when in their opinion there is occasion therefor; or the 
selectmen, if they choose, can state in the warrant, " Pursu- 
ant to an application to us of this date by ten or more voters 
of said town, you are notified to appear," etc., in which case 
it is proper and may be necessary that the application as 
well as the warrant be recorded. See s. 23 post. 

(1) When the application to the selectmen is signed by ten voters, the words "being 
one sixth part of the voters in said town " should be omitted in the applications and in 
the warrants. 

18. Application to selectmen to insert articles. 
To the selectmen of the town of : 

The undersigned, legal voters of said town, [or, "being 
one sixth part of the legal voters in said town,"] request 
you to insert in the warrant for the next meeting of the 
inhabitants of said town, the following articles. [Here 
insert the articles.] 

Dated at said , this day of — , 18 — . 

[Names of signers.] 

19. Application to a justice upon refusal of 
selectmen to call a town-meeting. 

To , a justice of the peace in and for the county of : 

The undersigned, being one sixth part of the legal voters 

of the town of -, in said county, represent that on the 

day of last, ten or more legal voters of said 

town made a written application to the selectmen thereof, 
to warn a meeting of said town, a copy of which application 
is as follows : [Here insert a copy of the application, in- 
cluding the names of the signers thereto.] Yet the said 
selectmen have unreasonably neglected and refused to warn 
a meeting, as requested in said application ; wherefore the 
undersigned request you to issue a warrant for such meeting 
to act upon the articles contained in said application. 

Dated at said , this day of , 18 — . 

[Names.] 



WARNING TOWN-MEETINGS. 51 

20. Application to a justice, upon refusal of 
selectmen to insert articles. 
To , justice of the peace for the county of ; 

The undersigned, being one sixth part of the legal voters 

of the town of , in said county, represent that on the 

day of last, ten or more voters of said town [or 

" one sixth part of the legal voters of said town "] made a 
written application to the selectmen thereof to insert arti- 
cles in the warrant for the then next meeting of the in- 
habitants of said town, a copy of which application is as 
follows. [Here insert a copy, including the names of the 
signers.] (1) 

Yet, although said selectmen have, since said application, 
issued a warrant under their hands and seal for a meeting 
of the inhabitants of said town, and copies of which warrant 
have been posted as provided by law, yet they have un- 
reasonably neglected and refused to insert in said warrant * 
the articles above mentioned. 

Wherefore the undersigned request you to issue a war- 
rant for a meeting of the inhabitants of said town to act 
upon said articles. 

Dated at said . this day of , 18 — . 

AB, 

C D, etc. 

(1) There must be ten signers. See s. 3. 

If a portion of the articles have been inserted, and others 
omitted, proceed as above to *, and then say, — "the follow- 
ing articles above mentioned, namely: [Here insert the 
omitted articles.] Wherefore the undersigned request you 
to issue a warrant for a meeting of the inhabitants of said 
town to act upon said omitted articles," etc. 

21. Application to a justice, upon the failure 
of the annual meeting. 
To , a justice of the peace for the county of , 

The undersigned, legal voters of the town of , in 



52 WARNING TOWN-MEETINGS. 

said county, [or, " one sixth part of the legal voters of the 

town of , in said county,"] represent that the annual 

meeting in said town for the year 18 — has not been holden ; 
and they therefore request you to issue a warrant for a meet- 
ing of the inhabitants of said town to act upon the following 
subjects : 

1. To choose a moderator to preside in said meeting. 
[Here insert other articles, for which see s. 14 ante.'] 

Dated at said , this day of , 18 — . 

AB, 
C D, etc. 

22. Application to a justice when there has 
been no legal meeting. 

To , a justice of the peace for the county of : 

The undersigned, legal voters in the town of , in 

said county, [or, " one sixth part of the legal voters of the 

town of ,"] represent that there has never been a 

legal meeting of the said town, and they therefore request 
you to issue a warrant for a meeting of the inhabitants of 
said town to act upon the following subjects : 

1. To choose a moderator to preside in said meeting. 
[Here insert other articles, for which see s. 14 ante. ] 

Dated at said , this day of — , 18 — . 

AB, 
C D, etc. 

* See s. 10. 

23. Warrant by justice upon the neglect of 
selectmen to call a special meeting. 

The State of New Hampshire. 

[L. S.] To , one of the constables in the town of , 

in the county of : 

Pursuant to an application in writing of this date, to me, 
a justice of the peace for said county, by one sixth of the 



WARNING TOWN-MEETINGS. 53 

legal voters of said town, by reason of the unreasonable 
neglect and refusal of the selectmen thereof to warn a meet- 
ing of said town, you are required to notify the inhabitants 
of said town, qualified to vote in town affairs, to meet at, 
&c. [Here state time and place, and objects of meeting, 
precisely as in the application to the selectmen.] 

Hereof fail not ; and make due return of this warrant, 
with your doings thereon, to the town-clerk, or, in his ab- 
sence, to one of the selectmen of said town, at the aforesaid 
time and place of meeting. 

Given under my hand and seal at , in said county, 

this day of , 18 — . 

, Justice of the Peace. 

The constable will attest the copy as follows : 

A true copy of warrant. 

Attest : , Constable of 

Certificate of notice as in s. 16 ante. 

The application to the justice, as well as the warrant, 
should be recorded. 

(1) If there is no constable in the town, the direction may be "To , a voter of 

the town of , and one of the signers of the application upon which this warrant 

is issued," and the warrant be served and the copy attested by him. 

24. Warrant by a justice upon the refusal of 
selectmen to insert articles. 

The State of New Hampshire. 

[L. S.] To , one of the constables of the town of , 

in the county of : 

Pursuant to an application in writing, of this date, to me, 
a justice of the peace of said county, by one sixth of the 
legal voters of said town, by reason of the unreasonable 
neglect and refusal of the selectmen of said town to insert 
articles in their warrant for a town-meeting, you are hereby 
required to notify and warn the inhabitants of said town, 
qualified to vote in town affairs, to meet at , in the 



54 WARNING TOWN-MEETINGS. 

said town, on the day of next, at o'clock 

in the noon, to act upon the following subjects : 

[Here insert the omitted articles.] 

Hereof fail not, etc. (as in s. 23 ante). 

25. Warrant by a justice upon the failure of 
the annual meeting. 

The State of New Hampshire. 

[L. S.] To , one of the constables of the town of , 

in the county of : 

Pursuant to an application in writing, of this date, to me, 
a justice of the peace for said county, by ten legal voters of 
said town, [or, " one sixth part of the voters of said town,"] 
by reason of the failure of their annual meeting, you are re- 
quired, etc. (as in s. 23 ante). 

26. Warrant by a justice when there has never 
been a legal meeting. 

The State of New Hampshire. 

[L. S.] To , one of the constables of the town of , 

in the county of : 

Pursuant to an application of this date to me, a justice of 
the peace for said county, by ten voters of said town, [or, 
"by one sixth part of the voters of said town,"] by reason 
of there never having been any legal meeting of the said 
town, you are required, (as in s. 23 ante). 

27. Warrant for biennial town-meeting. 

The State of New Hampshire. 

[L. S] To the inhabitants of the town of , qualified to 

vote for senato?-s. 

You are hereby notified to meet at , in said town, 

on the day of November next, at o'clock in the 

forenoon, to act upon the following subjects : 



CHECK-LISTS. 55 

1. To choose a moderator to preside at said meeting. 

2. To choose a representative to the general court. 

3. To bring in your votes for governor, for councillor 

from district Xo. , for senator from district No. , 

for sheriff, county solicitor, county treasurer, county com- 
missioner, register of deeds, and register of probate [and 
electors of president and vice-president, etc.]. 

4. To, etc. 

Given under our hands and seal the day of October, 

18—. 

) Selectmen 
\ of 



The copy for posting may be attested as follows : 
A true copy of warrant. 
Attest : 



Selectmen 
of 



Posting and return as ante s. 14 (a). 



CHAPTER X. 



CHECK-LIST. 



1. Supervisors. A board of supervisors, consisting of 
three legal voters in each town, shall be elected at the bien- 
nial election, to be holden in November next by major vote, 
and at each biennial election thereafter, whose duty shall 
be to make out and post up, at two or more of the most 
public places in town, a full and complete, alphabetical list 
of all (1) the legal voters in said town, fourteen days before 
the day of said election at which such list is required to be 
used. The selectmen, during the term of their office, shall 



56 CHECK-LISTS. 

not hold the office of supervisors of the check-list. G. L., 
c. 30, s. 1. 

(1) See post s. 15, for form of list. 

2. To BE SWORN. Said board of supervisors shall, be- 
fore entering upon the duties of their office, be sworn to the 
faithful discharge of their duties. — Id., s. 2. 

3. Vacancies to be filled. In case of death, resig- 
nation, or removal of a supervisor of the check-list of any 
town, it shall be the duty, of the remaining supervisors to 
fill the vacancy by an appointment in writing, which ap- 
pointment shall be recorded by the town-clerk, and the 
supervisor thus appointed shall be duly sworn. — Id., s. 3. 

(1) Such appointment may be in form as follows: 
To , of the town of : 

Whereas there is a vacancy in the board of supervisors of the check-list in said town, 
we, having confidence in your integrity and fitness, hereby appoint you to fill said va- 
cancy, and this appointment, being first recorded by the town-clerk, and yourselves duly 
sworn, you shall have the powers and discharge the duties of supervisor. 

[Date and signatures.] 

4. Sessions of supervisors. Said supervisors shall 
hold sessions at some suitable place for the correction of 
said check-list. The time and place of the hearings of said 
supervisors shall be stated upon the posted check-lists, giv- 
ing the days of hearing, and hour at which the hearing com- 
mences ; and they shall be in session two days before the 
day of election. In all towns where there are more than 
six hundred legal voters, the first meeting shall be six days 
before the day of election, and the hearing shall be ad- 
journed from day to day, until the claims of all applicants 
shall be heard and decided ; and all hearings shall close on 
the day before the day of election. 

5. Proceedings at. They shall hear all applications 
for putting on new names, or for striking off names put on, 
and all evidence offered in support of such applications, and 
shall correct said check-list accordingly. All persons whose 
names are entered upon said list shall be deemed legal vot- 



CHECK-LISTS. 57 

ers. and no person whose name is not upon said list shall be 
allowed to vote, unless his name was left off by mistake, 
and his right clearly known to the supervisors before the 
list was made out ; said supervisors shall have power to 
administer oaths to all persons who testify before them in 
regard to the right of any person claiming to be a voter. — 
Id., s. 5. 

6. Open to inspection. The list as corrected by the 
supervisors shall at all times, before the opening of any 
meeting, be open for the examination of every citizen. — Id., 
s. 6. 

7. Leaving copy with town-clerk. An attested 
copy of said check-list, as corrected, shall be lodged with 
the town-clerk on the day of election, before the opening of 
the meeting : and before said meeting is opened said super- 
visors shall subscribe and make oath to the following cer- 
tificate upon the back of said corrected list : 

We. the supervisors of the check-list of the [town or 
ward] of , do solemnly swear, that according to 

our best knowledge the within list contains the names of 
those persons only who are by actual residence legal voters 
in said . So help us God. 

The clerk or magistrate before whom said oath is taken 
shall make on the back of said check-list a certificate (1) 
thereof, and any supervisor who shall swear falsely in tak- 
ing said oath shall be taken and deemed to be guilty of 
perjury. 

0) The oath and certificate may be in form as follows: 

We. tli e supervisors of the check-list of the town of , do solemnly swear, that 

according to our best knowledge the within list contains the names of those per- 
sons only who are by actual residence legal voters in said . So help us God. 

(Signatures.) 

ss. Nor. , 18 — Then the above supervisors made oath that the above 

oath by them signed i< true. Before me , Justice of the Peace. 

8. Present at opening of meeting. The supervis- 
ors shall be present at the opening of the meeting, and have 
with them the list of legal voters as corrected. — Id., s. 8. 

3* 



58 CHECK-LISTS. 

9. Chairman to preside. The chairman of the board 
of supervisors shall call the town-meeting to order, and pre- 
side until a moderator is chosen ; and it shall be the duty 
of the supervisors to remain in attendance upon said meet- 
ing during the day of election. — Id., s. 9. 

10. Using check-list. The check-list shall be used (1) 
at all times in the election of moderator and supervisors — 
Id., s.10. 

(1) See posts. 14. 

11. In classed towns. An attested copy of the check- 
list as corrected by the supervisors of each classed town, 
shall be filed by them with the town-clerk of the town in 
which such meeting is to be holden, before the opening of 
such meeting, or, in his absence, with one of the supervisors 
of such town. — G. L., c. 35, s. 14. 

12. Sessions in. The supervisors of each classed town 
shall hold sessions for the correction of the list of voters in 
the manner provided for other towns, giving at least seven 
days' notice thereof; but no session shall be holden for such 
purpose on the day of election. — G. L., c. 35, s. 13. 

13. Filing copy with clerk. The supervisors of the 
town wherein such meeting is by law to be holden shall 
lodge with the clerk thereof, and cause to be posted at some 
public place in said town, at least fourteen days previous to 
said meeting, an alphabetical list of all the legal voters of 
said town, and shall, at said meeting, enter on said list the 
name of every legal voter which shall be upon the list of 
voters of any town classed therewith. — G. L., c. 35, s. 12. 

14. When unnecessary. No check-list is required at 
a meeting merely for the choice of town officers and the 
transaction of town business. — G. L., c. 40. 

15. The form of a check-list may be: 
List of voters in the town of . 

An alphabetical list of all the legal voters in the town of 



EIGHTS AND QUALIFICATIONS OF VOTERS. 50 

made and posted by the of said town on this 



day of October, 18 — . 



Abbott, Horace, 
Abbott, William, etc. 

The of said town give notice that they will be in 

session for the purpose of correcting the above list at 

in said town, on the day of next, at o'clock 

in the noon ; and also at , in said , on the 

day of next, from o'clock in the noon 

until o'clock in the noon. 

Given under our hands at said , this day of 

, 18-. 



of 



16. Certificate of posting to be made upon the list 
left with the town-clerk at the time of posting : 

, October, 18 — . We certify that we this day 

posted at , a public place in said town, an alpha- 
betical list, of which the within is a duplicate, of all the 
legal voters in said town. 

17. Penalties for misconduct in relation to check-lists, 
post c. 18, ss. 9, 10. 



CHAPTER XI. 

EIGHTS AXD QUALIFICATIONS OF VOTERS. 

1. Voters, who are. Every male inhabitant of each 
town, being a native or naturalized citizen (1) of the United 
States, of the age of twenty-one years and upward, except- 
ing paupers and persons excused from paying taxes at their 
own request, shall have a right, at any meeting, to vote (2) 



60 RIGHTS AND QUALIFICATIONS OF VOTERS. 

in the town in which he dwells and has his home.— G. L., 
c. 29, s. 1. 

(1) This in terms would exclude those declared debarred of citizenship under ss. 1996, 
1997, 1998 of the U. S. R. S. for desertion; but our constitution would seem to secure 
the right in this state to every inhabitant or citizen of our state qualified under our 
constitution without regard to any offence against the United States. 

(2) It was decided by our court, in Dorchester v. Youngman, 60 R. 385, that a direct 
pecuniary interest does nc«t disqualify one from voting upon a matter before the town, 
such as the relinquishment of a debt due the town from the voter. But see McCrary on 
Elections, s. 267 and notes. 

2. Aid within ninety days. No person shall be con- 
sidered a pauper, within the meaning of the preceding sec- 
tion, unless he has been assisted as such within ninety days 
prior to the meeting in which he claims the right to vote ; 
and no soldier or sailor serving in the late Rebellion, having 
been honorably discharged, otherwise a legal voter, shall be 
deprived of the right to vote by reason of having received 
assistance from any town. — Id., s. 2, as amended by c. 43 of 
the Laws of 1881. 

3. Payment of abated taxes. No person, otherwise 
a legal voter in any town, shall be deprived of his right to 
vote by reason of having been excused from paying taxes at 
his own request, if he shall, before he offers to vote, tender 
payment of all taxes assessed against him during the year 
prior to his offer to vote, to the moderator, collector of 
taxes, or one of the selectmen, and, at the time he offers to 
vote, present evidence of such tender. — Id., s. 3. 

4. Payment foe supplies. No person shall be de- 
prived of the right to vote by reason of having received 
assistance from the town for himself or family, if he shall 
tender payment as aforesaid of all reasonable expenses which 
such town has incurred within ninety days, by reason of 
such assistance ; but, upon making such tender, shall have 
his name placed upon the check-list, and his vote shall be 
received. — Id., s. 4. 

5. Aid in another town. Any person who shall have 
been excused from paying taxes in any other town, or shall 



RIGHTS AND QUALIFICATIONS OF VOTERS. 61 

have received help for himself or family, within ninety days, 
from the county, or any town other than that in which he 
offers to vote, shall, if otherwise qualified, be entitled to vote 
at any election by tender of payment as aforesaid, and not 
otherwise. — Id., s. 5. 

6. County paupers. Paupers not chargeable to any 
town shall not be entitled to vote at any election, except 
upon such tender of payment of all reasonable expenses of 
any assistance received from the town or county for himself 
or family within ninety days. — Id., s. 6. 

7. Money to be paid oyer to tottx entitled. Any 
money received under the provisions of this act shall be 
paid to the town or county entitled by the person or persons 
receiving the same. — Id , s. 7. 

8. Aliens. No alien not naturalized shall be entitled to 
vote at anv town-meeting:. — Id., s. 8. 

(a) All persons born in the United States and not subject to any foreign power, 
excluding Indians not taxed, are declared to be citizens of the United States.— Sec. 1992 
of United States Revised Statutes : 1878). The supreme court has held that this does 
not apply to one born a member of one of the distinct Indian tribes. — 112 U. S. R. 94. 

(b) All children heretofore born or hereafter born out of the limits and jurisdiction 
of the United States, whose fathers were or may be at the time of tbeir birth citizens 
thereof, are declared to be citizens of the United States; but the rights of citizenship 
shall not descend to children whose fathers never resided in the United States. — Sec. 
1993 of U. S. R Statutes (1878). 

(c.) Any woman who is now or may hereafter be married to a citizen of the United 
States, and who might herself be lawfully naturalized, shall b? deemed a citizen. — Sec. 
1991 ofU. S. R. Statutes (1878); and it is immaterial that she never came to the United 
States till after his death. His being or becoming a citizen makes her one if herself 
capable of being naturalized, that is to say if a free white woman.— 7 Wall. U. S. R. 
496; 63 Ga. R. 458. But if his citizenship by naturalization is not complete before his 
death, he having declared his intentiou only, his widow and minor children become 
citizens, and entitled to all rights and privileges as such upon taking the oath pre- 
scribed by law.— Sec. 2168, U. S. R. S. And an alien becoming a citizen by marrying a 
citizen becomes an alien if upon his death she marry an alien, her status still following 
that of her husband. — Pequinet v. City of Detroit, 16 Fed. Rep. 211. 

(d) If the father is naturalized, his minor children become such if dwelling within the 
United States at the time of such naturalization; and so of the minor children of a 
widow who is naturalized.— Sec. 2172 U. S. R. Statutes; 2 Kent Com. 51, 52; 9 Md. 74. 

9. Six months' residence. Xo person shall be consid- 
ered as dwelling or having his home in any town, for the 
purpose of voting or being voted for at any meeting, unless 



62 RIGHTS AND QUALIFICATIONS OF VOTERS. 

he shall have resided within such town six months next pre- 
ceding the day of meeting. — Id., s. 9. 

10. Temporary absence. A residence acquired by any 
person in any town shall not be interrupted or lost by a 
temporary absence therefrom, with the intention of return- 
ing thereto as his home. — Id., s. 10 ; see ss. 27-34. 

11. Voting elsewhere. Any person who shall exer- 
cise the privilege of voting at any election in any town 
within this or any other state, shall be deemed by that act 
to have elected such town to be. his legal residence for the 
purpose of voting, and shall thereafter be disqualified to 
vote in any other town, until he shall have gained a new 
residence as hereinbefore provided. — Id., s. 11. 

12. Dwelling-place or home. This, in most cases, is 
easily determined. It is in the doubtful cases that defini- 
tions and rules become necessary, and these must be received 
with such qualifications as good sense will suggest. See ss. 
13-34. 

13. For all purposes (1). Rights and duties cannot 
be separated, and the home of a person for voting is his 
home for taxation and military duty, with the addition of a 
six months residence, and is also his home for the purpose 
of gaining a settlement. 

(1) 10 R. 451, 457, 567; 11 R. 48; 3 R. 123; Digest, p. 290, ss. 6, 10, 11; 1 Met. 252; 5 do. 
298; 23 Pick. 170, 176; 1 American Leading Cases, 742; 3 Fair. 436; 33 Vt. 55. 

14. Home defined (1). One's dwelling-place and home 
is the house or place where he resides, (2) either personally 
or in contemplation of law, with an intention to remain per- 
manently for some indefinite (3) time, and having no other 
particular place to return to as his (4) home. 

(1) Story's Conflict of Laws, ss. 41-44; 44 R. 383; 45 R. 427; 11 R. 48-51 ; 17 R. 235, 243; 
15 R. 138; 58 R. 283; 56 R. 481; Digest, p. 289, ss. 1-3; 99 Mass. 587; 42 Vt. 350; McCrary 
on Elections, ss. 38, 39. 

(2) The word '' reside" is used in two senses; the one, constructive, technical, legal, 
the other denoting the personal actual habitation. When a person has no permanent 
habitation or family, but dwells in different places as he happens to find employment, 
he must be considered as residing where he actually or personally resides. . . . But 



EIGHTS AND QUALIFICATIONS OF VOTERS. 63 

some individuals have permanent habitations where their families constantly dwell, jet 
pass a great portion of their time in other places. Such persons have a legal residence, 
with their families, and a personal residence in other places. Per Richardson, C. J., 3 
R. 124, and cited and approved by "Woods, J., in 17 R. 244. Seep^st s. 22. 

(3) An intention to remain permanently, or for some indefinite time, is essential, in 
order to make the place of actual residence the home of the party — 44 R. 383; Digest 
p. 289, s. 2. 

" To constitute residence there must be an intention to remain, but this intention is 
entirely consistent with a purpose to remove at some future indefinite time." — McCrary 
on Elections, s. 29. 

In some cases of a temporary absence, the person may intend to stay for an indefinite 
time, as when one leaves home to do a certain piece of work, and it is uncertain how 
long it will take him, or is detained by sickness, and it is uncertain when he will be 
able to travel; but in all cases the object or purpose for which he intends to remain is 
definite, and of a temporary character. 

(4) So, too, a person who abandons his former home may intend to stop on his way to 
a new contemplated home for an indefinite time, to visit his friends or transact some 
particular business. Such a person is held iu Massachusetts to be taxable in the town 
from which he removes so long as he is in the state, but not afterwards. — 3 Gray 493; 
12 Allen 598. But in Maine, a person who has abandoned his home in one town with 
an intention not to return, is considered to have no " dwelling-place or home " there, 
within the meaning of the pauper laws, although he has acquired no new home (15 
Maine 58; 19 Maine 293; 58 Maine 207), and this seems to us a reasonable construction 
of those terms. And see 3 Met. 199; 19 Vt. 267. See s. 16 post. 

15. How acquired. A home is never acquired by a 
mere intention to remove ; there must be an actual re- 
moval (1). It is not essential, however, to the commence- 
ment of a legal residence at a particular time, that the entire 
family or effects shall have arrived, if the former home has 
been abandoned, and the man himself (2) has come to his 
new residence with the intention of making it his home. 

(1) Where a house was hired on the 29th of October, but was not to be occupied until 
the 12th of November, on which day the family was removed to it, it was held that the 
man's former residence continued until that day, although he had occasionally slept in 
the house between those dates.— 11 Mass. 424, 431. 

(2) The plaintiff, in 1836, went to Hooksett to preach a year, and at the end of the 
year went with his wife to her father's in Bedford on a visit. This was about the mid- 
dle of March. In the course of that month he engaged to preach a year in Merximack, 
commencing on the first Sabbath in April. He went to M. on the first day of April to 
perform that engagement, his wife remaining a few day3 longer at her father's, and he 
returning there to complete his visit, after which both resided at M. Held, that he was 
lawfully taxed there.— 10 R. 452. 

Two things are here to be observed: 1. The engagements both at H. and at M. were 
for a year only ; but the court say, in substance, " He went to H. under a temporary 
engagement for a year, but may well have contemplated remaining there an indefinite 
time, having no other home to return to and no intention at that time of removing to 
any other place; he must also be understood to have had the same intention of re- 
siding at M. an indefinite time, for he had taken up his personal residence there with an 
intention of pursuing his calling there for a year at least; he had no home to return to 



(1) Ante, 


s. 14 


(1), (2), 


. (3): 


, s. 15 (1), (2: 


i, s. 31 (1) 


; 45 R. 427 


Maine 225, 


228; 


7 Gray 


299; 


33 Vt. 110; 


29 Conn. 1 


31 ; 19 Vt. i 


111; 9 Gray 357. 













64 RIGHTS AND QUALIFICATIONS OF VOTERS. 

elsewhere, and, so far as appears, no intention of going to any particular place at the 
expiration of that time." He was therefore considered to have had a home in M. 2. 
And his residence there was held to have commenced on the first day of April, although 
his wife was then at her father's and he returned to complete his visit, for, unlike the 
Massachusetts case last cited, the old home had heen abandoned and he had taken up 
an actual, personal residence in the new. 

16. Intention to remain. A general intention to re- 
main, with no definite purpose to remove elsewhere, is an 
intention to remain for an indefinite time ; if one's place of 
actual residence is intended to be his home for the present, 
it is his home (1) though he may have in contemplation 
many contingencies which would . induce him to go else- 
where, or even be resolved to leave for a new home as soon 
as he can better his condition or make arrangements to his 
satisfaction. 

19 Vt. 270; 17 R. 235; 13 
)6; 42 Vt. 350; 12 Allen 

17. Mode of living. This is not material, whether as 
owner, tenant, boarder, or at lodgings, except as evidence of 
the intention of the party, for a person may have a home in 
any (1) of these modes. 

(I) 1 Binney 349-355; 1 American Leading Cases 744. 

18. Family residence. A married man is presumed 
to have his home with his family, but this presumption is 
not conclusive (1), for it is not in the power of a wife or fam- 
ily to control a man's right to fix his residence where he will; 
they may be absent from a new home which he has ac- 
quired merely until he can remove them, or have refused to 
go with him, or may have removed without his consent in 
his absence ; or he may have abandoned them ; and in none 
of these cases is his home at the place where they reside. 

(1) See ante, s. 15; Story.'s Conflict of Laws, s. 46; 10 R 570; 8 Maine 203; 3 do. 455; 
2 do. 411; 3R. 123. 

(a) In general, ths wife and unemancipated minor children must be considered as 
having their home in a legal sense at the home of the husband and father, wherever 
that may be.— Id.; 6 Conn. 45; 1 Binney 349; 1 American Leading Cases 735, 757; 11 
Pick. 411, 414, 415; 5 R. 348; but not to defeat her application for a divorce. — 14 Pick. 
181 ; 9 Greeul. 140; Digest, p. 287, ss. 47, 50, 55, 56, 57. 



RIGHTS AND QUALIFICATIONS OF VOTERS. 65 

19. Place of business. If a man has his family m 
one town and his place of business in another, the former is 
in general to be deemed his home. See s. 18, s. 18 (1) 
ante. 

20. Two residences. If a man has a summer residence 
for himself and family in one town, and a winter residence 
in another, he may elect in which town to exercise his civil 
rights, and that will be deemed his home (1) in a legal 
sense which he treats as such. 

(1) Story's Con. of Laws, s. 47; 5 Pick. 370. 

21. Boarding and lodging. When a man boards in 
one town and sleeps in another, or has his dwelling-house 
upon the town line, it has been considered that he will be 
deemed to have his home in that town in which he habitu- 
ally (1) sleeps, if that can be ascertained ; but it is not 
readily perceived why he should not have an election as in 
the preceding section. 

(1) 23 Pick. 178; 1 American Leading Cases 751. 

22. If no fixed abode. When a person has no per- 
manent habitation or family, but dwells in different places 
as he happens to find employment, he must be considered 
as residing where he is (1) personally ; and therefore he 
must have been six months in the same place or he cannot 
vote. 

(1) 17 R. 244; 3 R. 124; Digest, p. 289, s. 4; 33 Vt.'52; 99 Mass. 587; ante s. 14 (2). 

23. But one home. A person can have but one home 
for the same purpose at one and the same time; nor has he 
any right of election except as stated in ss. 20, 21 ante. 
Hence, however difficult it may be in a given case to decide 
between two towns, if the person has the right to vote in 
the one, he cannot (I) rightfully vote in the other. 

(1) 23 Pick. 177; 1 American Leading Cases 754; 7 Gray 301. 

24. Pakental home. The loose practice which allows 
one to vote at the home of his parents, almost as a matter 



66 RIGHTS AND QUALIFICATIONS OF VOTERS. 

of course, until he has a family of his own, is unwarranta- 
ble. The home of a minor who has not been emancipated 
(1) changes with the parents' home. But if he actually 
resides elsewhere after he is of age, with no fixed intention 
of returning to his father's house as his dwelling-place and 
home, or, as we say, to live there, he is out in the world for 
himself, and the parental home is no longer his home (2) 
for voting purposes, any more than it is when he is settled 
in life. Even then he may go home, especially on Thanks- 
giving day, and take his wife and children with him. 

(1) What is an emancipation. See post c. 56, s. 11. 

(2) See ante s. 14, (2), s. 22; 17 R. 244; 15 R. 138; 1 R. 196; and s. 30 post. 

25. Idiots and insane persons cannot change their 
legal residence or vote, unless of sufficient capacity (1) to 
do it with understanding. 

(1) 45 R. 427; Digest, p. 290, s. 12; Cushing's Law and Practice, etc., ss. 24, 56; An- 
dover v. Merrimack County, 37 R. 438. 

26. Voluntary. Residence in a place, to produce a 
change of home in the legal sense, must be voluntary, (1) 
and not by arrest or imprisonment. 

(1) Story's Con. Laws, s. 47; 33 Vt. 110; 21 Vt. 563; but see 19 Conn. 561, as to the 
effect of confinement in a state prison. 

27. Temporary absence, what is ? The general 
rules by which the question is to be decided are well estab- 
lished, and they should receive such an application as on 
the one hand not to exclude bona fide residents for the re- 
quired period, nor on the other allow non-residents to con- 
trol or interfere in our affairs. The suggestions made in 
the preceding sections, and particularly in section 13, may 
be useful for those for whom this work is designed, as well 
as ss. 28-36 post. 

28. Intention to return. This must not be contin- 
gent upon success in business or the like ; the voter should 
be able to state the time or anticipated event upon which he 






RIGHTS AND QUALIFICATIONS OF VOTERS. 67 

intended to return ; and the purpose for which he left must 
have been a temporary one. (1) — Sec. 14, (3), ss. 16, 29-34. 

(1) See ante ss. 10-16, and post ss. 29-34. 

29. Design; ln keturntn/g. The person must have 
intended, to return to his former residence to reside, or " to 
live." as it is commonly expressed. An intention to return 
merely to make a visit, or to vote at town-meeting, is clearly 
insufficient : and the case is not altered though a few arti- 
cles of clothing or other property may have been left to give 
color to the claim. Such a person does not return to the 
place "as his home" in a legal sense, and for all purposes. 

(1) See ss. 10-28 and notes; 42 Vt. 350. 

30. The case of A SOX is in no way different from any 
other, except if he is not established, in business elsewhere 
and is unmarried, an intention to return to his father's 
house to reside, will be more readily inferred than in other 
cases. But if in point of fact such is not his intention, he 
has no rights there as an inhabitant, and is subject to no 
liability. See s. 24 ante. 

31. Something TO RETTTRX to. A loose intention of 
returning to the same town or city is not enough. Unless 
there is some particular habitation to which the party in- 
tends to return, his intention to return, (1) if he has any, is 
contingent and uncertain ; it is an intention not to return 
to a home, for he has no home to which to return, but an 
intention to acquire a home in that town at some future 
indefinite time, and his residence is lost. 

(1) See ante ss. 10, 14, 15; 45 R. 429; 2 B. and P. 229; 7 Gray 301; 19 Vt. 270; 33 Vt. 
1&4; 37 Maine 3S9; 19 Maine 293. 

" No case can be found (says Bigelow, J., in speaking npon this subject) where the 
domicil of a party has been made to depend on a bald intent unaided by other proof."— 
7 Gray 301. And Redfield, J., after referring to decided cases of a temporary absence, 
says,— " But in all these cases there is always some place which the party may justly 
call home, some local habitation which has a tangible, palpable existence out of the 
mind of the party. I do not say that this is always indispensable ; but there must be 
something more than a mental purpose to return at some indefinite future time."— 19 
Vt. 270. 

"A mental purpose to return at a future indefinite time, when there is no particular 



68 RIGHTS AND QUALIFICATIONS OF VOTERS. 

home to return to, is not the animus revertendi that determines residence."— Per. Al- 
dis, J.,33Vt. 164. 

" Dwelling-place or home in the settlement law means some permanent abode or res- 
idence with intention to remain; and is not synonymous with domicil as used in inter- 
national law, hut has a more limited and restricted meaning." 19 Maine 293; 37 
Maine 389. 

"An individual abandoning his home or dwelling-house with or without design of 
acquiring one elsewhere, has no home by construction in the place abandoned, al- 
though 43 Maine 406, 418, 2 Greenl. 411, do not require that the person should have a 
particular house to which he can resort as a matter of right. 

A residence for the purpose of voting was held to have been lost by an actual re- 
moval of the man and his family to another state and setting up house-keeping there, 
although done with an intention of returning again as soon as he could procure a house 
to live in, and notice was given to the selectmen at the time that he was about to re- 
move for a temporary purpose and intended to retain his domicil, and although he did 
in fact retain his place of business, and returned before the day of election after an ab- 
sence of about six months.— 7 G-ray 299. 

32. If no new home. A home may be lost for most 
purposes without acquiring a new one ; and under our stat- 
ute a home may be acquired for all purposes except voting, 
and the party not be entitled to vote anywhere. (1) 

(1) 45 R. 427; 58 Me. 287; 37 do. 389; 19 do. 293; 15 do. 58; 19 Vt. 270; ante s. 9. 

33. For education. A person coming into a town 
merely for the purpose of obtaining an education, comes for 
a definite temporary object, with no expectation or thought 
of permanency, and should neither be taxed in a town in 
which he is but a sojourner, nor permitted by his votes to 
add to its burdens or control its policy. On the other hand, 
one is not to be excused from taxation, nor deprived of his 
vote, merely because, he came from another town or state to 
obtain an education. If having no other place to which he 
intends to return as his home, he has actually taken up a 
residence in the town in question as his home, to remain (1) 
either permanently, or for some indefinite time, he becomes 
an inhabitant, and after six months a voter. If one is but a 
sojourner, he is not an inhabitant, while if he has actually 
become a permanent inhabitant, he must bear the burdens 
and may exercise the rights of an inhabitant. 

(1) See 17 R. 243; 44 R. 383, 398; 7 Mass. 1; 11 Mass. 350; 1 Met. 250; 103 Mass. 575; 2 
Keut Com. 431, note; Cooley's Con. Lim. 601 note; 28 Cal. 123. 



RIGHTS AND QUALIFICATIONS OF VOTERS. 69 

34. Evidence. The place where a person lives is taken 
to be his home, until other facts establish the contrary. (1) 

The party himself may testify, but it is for the selectmen 
to find, not what he may now think, but what was in fact 
his real purpose, and all the attending circumstances, and 
any declarations made, at or about the time of his leaving, 
are to be carefully considered. 

(1) 17 R. 243; Story's Conflict o" Laws, s. 46; 1 American Leading Cases 749; 14 How- 
ard 423. 

35. Time is an important, though not a controlling, con- 
sideration. A residence may have been lost after an ab- 
sence of but a single day, and it may remain after months 
and years of absence. A home, for all purposes but voting, 
may be acquired by the shortest residence, if with the de- 
sign of a permanent (1) settlement. 

(1) See ante s. 15 (2); 1 American Leading Cases 747. 

36. Change or purpose. An intention of permanent 
residence may often be engrafted upon an inhabitancy orig- 
inally taken for a special or fugitive purpose ; and, on the 
other hand, there (1) may be an intention to change, that 
is never carried into effect. By an abandonment of an 
intention to return, for ever so short a time, the former res- 
idence is lost. 

(1) Story's Conflict on Laws, s. 45 ; 21 Me. 357. 

37. Couhts for naturalization. Any court of rec- 
ord established by the laws of this state may have and en- 
tertain jurisdiction of applications and other proceedings for 
the naturalization of aliens under any of the acts of con- 
gress in relation thereto. — G. L., c. 27, s. 12. 

38. At what time. Aliens may make the declarations 
of their intentions to become citizens of the United States 
before said court in the manner relating thereto provided in 
the acts of congress, at any time when said court shall be in 
session ; and all such applications shall be entered by the 



70 TOWN-MEETINGS. 

clerk of said court upon a docket to be kept by him for that 
purpose, which docket shall contain brief memoranda of the 
name and residence of the person making the application, 
and, if a resident of any city, the street and number of such 
residence. — Id., s. 13. 

39. Notice of application. No hearing shall be had, 
or certificate of naturalization granted by the court upon 
any such application, until the same shall have been filed at 
least five days, and entered upon the docket as aforesaid, 
nor until such applicant and his witnesses shall have been 
examined on oath in open court, by the court, or some per- 
son at the request of the court, touchiDg all the qualifica- 
tions of the applicant enjoined by the laws of the United 
States for his becoming a citizen thereof. — Id., s. 14. 

40. Penalties. Penalties laid upon voters and voting 
officers for misconduct appear in chapter 18 post. 



CHAPTER XII. 



TOWN-MEETINGS, 



1. Chairman of supervisors. At every town-meet- 
ing, the chairman of the board of supervisors, if pres- 
ent, and, if no supervisor be present, the town-clerk, shall 
preside, until a moderator is chosen, and have the powers and 
perform the duties of moderator. — G. L., c. 39, s. 1. 

2. If no supervisor or town-clerk. When there 
is no supervisor or town-clerk, it shall be the duty of the 
justice calling the meeting to attend and preside until a 
moderator is chosen. — Id., s. 2. 

3. Choice of moderator. At any town-meeting, a 
moderator shall first be chosen by ballot, by a plurality of 
votes, who shall preside in and regulate the business of the 



TOWN-MEETINGS. 71 

meeting ; may prescribe rules of proceeding, which may be 
altered by the town ; shall decide all questions of order, 
and make a public declaration of all votes passed. The 
check-list (1) shall be used at all times in the election of 
moderator. — Id., s. 3. 

(1) The supervisors will be present with the list at the opening of the meeting. See 
ante p. 57, s. 8. 

The selectmen shall file the check-list with the town-clerk within one week after the 
town-meeting.— G. L., c. 31, s. 12. 

4. Full xame upon ballot. The full Christian and 
surname of every person voted for, with the initial letter or 
letters of the middle name, and the usual abbreviations for 
junior, second, third, and the like, shall be written or print- 
ed upon every ballot (1); and every ballot not thus pre- 
pared (2) and cast, shall be regarded as a blank and not 
counted. — G. L., c. 31, s. 2. 

(1) A suitable box or boxes shall be provided by the selectmen, at the expense of the 
town, in which to receive the ballots of the voters.— G. L., c. 31, s, 1. 

(2) See Opinion of Justices, £8 K. 621. 

5. Mode of balloting. Each voter shall deliver his 
ballot to the moderator in open meeting, and the moderator, 
on receiving the ballot, shall direct the town-clerk to check 
the name of the voter (1) on said list, and shall, without 
inspecting the name of any person voted for, examine said 
ballot so far only as to determine whether the same contains 
more than one ticket ; if it do not, he shall place the ballot 
in the balloting-box ; but if it do, he shall make it manifest 
to the meeting and reject the same unless the voter shall 
correct his ballot. — G. L., c. 31, s. 3. 

(1) Challenging voters and requiring oath against bribery, post ss. 20-25. 

6. Several upox oxe ticket. In balloting for state 
and county officers, representatives to congress, or electors 
of president and vice-president, the ballots for so many of 
said officers then to be voted for as the voters present may 
direct shall be given in on the same ticket, with the respec- 
tive offices designated against the name of each person 
voted for. — Id., s. 4. 



72 TOWN-MEETINGS. 

7. NO ONE REQUIRED TO VOTE FOR ALL. If Several 

officers are to be voted for upon one ticket, no person shall 
be obliged to vote for each. When more than one descrip- 
tion of officers are voted for on the same ticket, any ticket 
which does not contain at least one vote for each description 
of officers shall be regarded as a blank as to the description 
of officers omitted. — Id., s. 5. 

8. Sorting and Counting. The selectmen and town- 
clerk shall assist in sorting and counting said votes ; but no 
other person shall in any manner interfere therewith. — Id., 
s. 6. 

9. Declaration of vote. The moderator shall, in the 
meeting, in presence of the selectmen and town-clerk, sort 
and count the votes, and make a public declaration of the 
whole number of tickets given in, with the name of every 
person voted for, and the number of votes for each person ; 
and the town-clerk (1) shall make a fair record thereof at 
large in the books of the town. — Id., s. 9. 

(1) The town-clerk shall have with him, in the meeting during its continuance, all the 
laws in force relating to the subject of elections.— G-. L., 31, s. 11. 

10. No vote after declaration. No ballot shall be 
received and counted after the votes (1) have been declared. 
—Id., s. 10. 

(1) A vote to close the poll is inoperative against one offering his vote before the votes 
have been declared, unless reasonable public notice has before been given, or would be 
inferred from usage, of the time when the poll will be closed.— Cushing's Law and Prac- 
tice, s. 197; Mass. Election Cases, p. 207, 211. 

11. Majority, how ascertained. In determining the 
result of any election, the whole number of persons voting 
for any officer shall first be ascertained, by counting the 
whole number of separate tickets given in, and no person 
shall be declared elected to any office who shall not have 
received a (1) majority of the whole number of tickets given 
in for such office, except in cases otherwise specially pro- 
vided for. — G. L., c. 31, s. 7. 

(1) A majority of any even number is a majority of the next higher odd number ; thus 
six is a majority often, and also of eleven, and seven is a majority of twelve and thir- 



TOWN-MEETINGS. 73 

teen, but not of fourteen, for it is not more than one half. If a ticket bears a vote for 
governor but not for senator, as to the former but not the latter it is to be counted in 
ascertaining the whole number of tickets given in, of which declaration is to be made; 
and so of other officers voted for upon one ticket. 

12. If too many have a majority. If a number of 
candidates greater than the requisite number shall severally 
receive a majority, a number equal to the requisite number, 
having the greatest excess over such majority, shall be de- 
clared elected. But, if the number to be elected cannot be 
completed by reason of any two or more candidates having 
received an equal majority, one or more being greater than 
the requisite number, the candidates having such equal ma- 
jority shall be declared not to be elected. — Id., s. 8. 

13. Polling the house. When any vote, other than 
by ballot, declared by the moderator or other officer presid- 
ing, shall immediately, and before any other business is com- 
menced, be questioned by seven or more of the voters pres- 
ent, the moderator or other officer presiding shall make the 
vote certain by a poll of the voters. — G. L., c. 39, s. 4. 

(a) Under his authority to prescribe rules for proceeding, the moderator may take a 
vote by tellers, for his own satisfaction, before declaring the state of the vote, as where 
be is unable to determine by the show of hands; and in such a case there may be a sec- 
ond poll of the house.— 19 R. 215; Digest, p. 609, s. 77-80. 

If a vote be called in question in court, the report of tellers will be deemed prima 
facie correct.— 19 R. 215; Digest, p. 332, s. 129. 

14. Penalty for neglect to poll. If any moderator 
or other officer presiding shall wilfully neglect or refuse to 
make any vote certain by a poll of the voters, when required 
as aforesaid, or shall wilfully violate or neglect to enforce 
any rule of proceeding which shall have been established by 
vote of the town or otherwise, he shall, for each offence, be 
fined not exceeding five hundred dollars, or be imprisoned 
not exceeding six months. — Id., s. 4. 

15. Preservation of order. No person shall speak 
in any meeting without leave of the moderator, nor when 
any person is orderly speaking ; and all persons shall be 
silent at the desire of the moderator, on pain of forfeiting 

4 



74 TOWN-MEETINGS. 

one dollar for each offence, for the use of the town — G. L., 
c. 39, s. 6. 

16. Removing disturbers. If any person shall conduct 
in a disorderly manner, and, after notice from the modera- 
tor, persist therein, or shall in any way disturb the meeting, 
or wilfully violate any rule of proceeding, the moderator 
may command any constable or any legal voter of the town 
to remove such disorderly person from the meeting, and 
detain him until the business is finished. — Id., s. 7, 

17. Constables, duties of. Every constable shall obey 
the orders and commands of the moderator for the preserva- 
tion of order, and may command such assistance as is neces- 
sary. — Id., s. 8. 

18. Penalty fob neglect. If any constable neglect to 
perform any of the duties imposed by this or the preceding 
chapter, he shall forfeit forty dollars, for the use of the town. 
—Id. 

19. Assault upon officebs. If any person shall wil- 
fully assault any town, city, or ward officer, in the discharge 
of any duty of his office at the annual or other election, or 
take away, injure, or destroy the ballot-box or check-list, 
when in use at any annual or other election, he shall be 
fined not more than three hundred dollars, or be imprisoned 
not exceeding three years. — G. L., c. 36, s. 11. 

20. Challenging. Any voter at any town-meeting may 
challenge any other voter offering to vote at such meeting, 
and the moderator shall not receive the vote of such voter 
so challenged until he shall make and subscribe an affidavit, 
and shall tender to the town-clerk or moderator such affida- 
vit, which shall be in form and substance as follows : " I, 

, solemnly swear that I have not, directly or 

indirectly, hired, procured, induced, or in any way influ- 
enced, or attempted to hire, procure, induce, or in any way 
influenced, by payment, promises, offers of emolument, offers 
of reward of any kind, loans of money or other thing, threats 



TOWN-MEETINGS. 75 

or intimidation, any voter to stay away from this town-meet- 
ing, or to avoid voting at this town-meeting, or to vote at 
this town-meeting for or against any particular ticket or 
candidate for office, or to ask, in order to disqualify himself 
from voting at this town-meeting, abatement of his taxes, or 
to be excused from paying his taxes; nor have I, directly 
or indirectly, contributed or furnished, or promised to con- 
tribute or furnish, any money, goods, or chattels, or any 
other thing whatsoever, to be used to induce any voter to 
stay away from this town-meeting, or to avoid voting at 
this town-meeting, or to vote at this town-meeting for or 
against any particular ticket or candidate for office, or to 
ask, in order to disqualify himself from voting at this town- 
meeting, the abatement of his taxes, or to be excused from 
paying taxes ; nor have I, either directly or indirectly, been 
hired or procured, or in any way influenced, by payment, 
promises, offers of emoluments, offers of reward of any kind, 
loans of money or other things, threats or intimidation, to 
vote at this town-meeting for or against any particular 
ticket, or candidate for office ; but the vote I now offer to 
cast, and the votes I propose to offer to cast, at this town- 
meeting, are in accordance with my solemn convictions of 
duty to my country, uninfluenced by any payment, prom- 
ises, offers of emolument, offer of reward of any kind, loans 
of money or other thing, threats, or intimidation whatso- 
ever. So help me God. Subscribed and sworn to before me, 

ss. 

—Laws of 1885, c. 94, s. 1. 

21. Refusing oath. In case any voter so challenged 
as aforesaid, at any town-meeting, shall not make and sub- 
scribe such affidavit, he shall be denied the right of voting 
at such town-meeting, and any moderator who shall receive 
the vote of a voter so challenged, and not making and sub- 
scribing said affidavit, shall be punished by a fine not ex- 
ceeding one hundred dollars ($100) nor less than fifty dol- 
lars ($50). — Id., s. 2. 



76 TOWN-MEETINGS. 

22. False swearing. Any person who shall make and 
subscribe said affidavit, and who, in so doing, shall swear 
falsely, shall be deemed guilty of perjury, and be punished 
accordingly. The affidavit may be sworn to before any per- 
son authorized by law to administer oaths, or before the 
moderator, town-clerk, or any one of the selectmen or super- 
visors. — Id., s. 3. 

23. Printed blanks. The secretary of state shall pre- 
pare and distribute to the clerk of each town printed blanks 
for the oath aforesaid, at the times he is by law required to 
furnish said clerks with printed blanks for the return of 
votes ; and it shall be the duty of said clerks to have at 
hand such blanks at every town-meeting, and to keep on 
file all affidavits that may be made and subscribed and 
taken, as by this act provided, and to make the record of the 
names of the voters making and subscribing such affidavits 
upon the record of the proceedings of the town-meeting at 
which said affidavits were made and subscribed. — Id.,s. 4. 

24. Complaints for bribery. On the day of any 
town or ward meeting, or within thirty days thereafter, any 
five voters may make written complaint to any justice of 
the peace, or police judge, stating only that in their belief 
the law against bribery in elections has been violated in 
connection with such town or ward meeting, and asking for 
an inquiry concerning such violation, and naming the wit- 
nesses whom they desire to have examined, and thereupon 
such justice or judge shall immediately proceed to make 
such inquiry; and for that purpose he may issue his sub- 
poena, or compulsory process, if necessary, to the witnesses 
named, and to any others, and may examine them in the 
same manner as he might upon a complaint in a criminal 
proceeding before him ; and the powers, duties, and liabili- 
ties of the justice, judge, and witnesses shall be the same as 
in such case. — Id., s. 5. See s. 26 post. 

25. Hearings upon. Such justice or judge may allow 



RECORD OF TOWN-MEETING-. 77 

said complainants, or either of them, or any person who may 
seem to be accused, to appear before him, personally or by 
counsel, and to interrogate the witnesses ; and he shall take 
brief notes of the testimony, and may also, if he shall deem 
it necessary, and not otherwise, reduce the testimony of any 
witness to writing, and cause him to sign the same, and 
shall close said inquiry within thirty days from the date of 
the complaint, and make a record of the proceedings, and of 
his notes of the testimony, and any sworn depositions there- 
in, and transmit the same at once to the solicitor of the 
county, who shall cause proceedings to be instituted for any 
violation of the law which may appear. — Id., s. 6. 

26. Binding over. If any such inquiry, before such 
justice or judge, shall disclose any violation of sections 12 
and 13 of chapter 36 of the General Laws, it shall be the 
duty of said justice or judge to cause due complaint to be 
made, and the person offending to be apprehended or com- 
mitted to jail, or bound over, with sufficient sureties, to the 
next term of the supreme court. — Id., s. 7. 

27. Posting and reading bribery act. It shall be 
the duty of the selectmen, at the opening of the town-meet- 
ing, before any votes are taken, to read this act to the meet- 
ing, or cause the same to be read, and also post, or cause to 
be posted, in some conspicuous place where the town-meet- 
ing is held, one or more copies of the same. — Id., s. 8. 



CHAPTER XIII. 

RECORD OF TOWN-MEETING. 

1. Recording warrant. The town-clerk should first 
record the warrant and the certificate of posting, with L. S. 
for the place of the seal, and attest the record of each, as — 
Received March — , 18 — , and recorded (1). 
A true record. 

Attest: , Town Clerk. 

(1) Or if recorded the same day—" Received and recorded, 1 ' etc. 



78 RECORD OF TOWN-MEETING. 

2. Record of a March meeting. The record of the 
meeting may be as follows : — 

At a legal meeting of the inhabitants of the town of 

, on the second Tuesday of March, 18 — , at in 

said town, at o'clock in the forenoon. 

The meeting was called to order, and the warrant read 

by , chairman of the board of supervisors, and ballot- 

ings proceeded. 

For Moderator. 

The whole number of tickets given in for moderator was 
three hundred, upon which 

A B had seventy-five votes, 

C D had one hundred votes, and 

E F had one hundred and twenty-five votes, and was de- 
clared elected moderator by said chairman, and, in open 
meeting, took the oath of office by law prescribed. 

For Town Clerk. 

The whole number of tickets given in was three hundred 
and twenty-one, upon which 

A B had one hundred and sixty votes, 

D C had one hundred and sixty-one votes, 
and said D C was declared elected by the moderator, and in 
open meeting took the oath of office by law prescribed. 
A true record. Attest : J D, (1) Town Clerk 

For Three Selectmen. 

The whole number of tickets given in was two hundred 
and two, upon which 

A B had one hundred votes, 

D C had one hundred votes, 

G F had one hundred votes, 

G H had one hundred and one votes, 

I K had one hundred and two votes, 

K S had one hundred and two votes, 



RECORD OF TOWN-MEETING. 79 

and said I K and K S were declared elected by the modera- 
tor. 

Upon a second balloting for a selectman, the whole num- 
ber of tickets given in was two hundred and one, upon 
which 

A B had one hundred votes, 

G H had one hundred and one votes, and was declared 
elected (2) by the moderator, and said G H, I K, and K L, 
in open meeting, took the oath of office by law prescribed (3). 

[Here insert in the same manner the other town officers 
chosen by ballot.] 

Chose by major vote, J D, collector of taxes, who, in open 
meeting, took the oath of office by law prescribed. 

[Insert in this manner all other town officers not chosen 
by ballot.] 

Voted to raise the sum of dollars (4) for [state the 

object]. 

Voted to discontinue the highway leading from to 

, in said town of . 

[Here insert all other votes not before inserted, care being 
taken to make the record an accurate and intelligible ac- 
count of the entire proceedings of the meeting.] 

Voted to adjourn (5) this meeting to the day of 

March instant, at — o'clock in the noon, in said town- 
house (6). [Or, voted that this meeting be dissolved.] 
A true record. 

Attest : D C, Town Clerk. 

At the time and place of said adjournment the meeting 

was called to order by , and thereupon, etc., etc. 

Attest: D C, Town Clerk. 

(1) Under G. L., c. 40, s. 1, the old clerk should certify the record down to the choos- 
ing of a new clerk. In the absence of such statute provision the clerk of the meeting 
may certify the votes prior to his own election, if present at the time such votes were 
passed.— 13 Pick. 305, 306; 2 Pick. 402. And a clerk pro tern, may certify to his own 
election.— G. L., c. 42, s. 13. 

(2) G H would have been elected the first balloting if the man who cut his name off 
had not voted at all. 



80 RECORD OF TOWN-MEETING. 

The difficulty would have heen obviated if all the tickets had been made up: For 
first selectman, A B; for second selectman, D C, etc., so that the balloting could have 
been considered as several ballotings. But in all such cases any ticket that is not thus 
numbered must be counted against all the candidates, in ascertaining the number nec- 
essary for a choice, unless the meeting has voted that the tickets shall be numbered.— 
Cushiug's Law and Practice of Legislative Assemblies 46, s. 123. 

If thus numbered, the moderator would declare each vote separately. 

(3) This is the correct form, though a record of the oath in words of the same import 
will answer.— 28 R. 402, 411, 419, 430 ; Digest, p. 609, ss. 85, 87, 88. The record need not 
state before whom the oath was taken, or in what form. — 36 R. 302; 24 R. 314; Digest, p. 
609, ss. 86, 87. Where the record of the oath is defective, an amendment is admissible 
by leave of court.— 17 R. 420; Digest, p. 609, s. 92; Maine 466. See also c. 19 post. 

(4) It is not necessary that the warrant should state specifically that the town will be 
called upon to vote to raise money, if the object specified is one that would be likely to 
require money.— 11 Gray 340, 342; 9 Pick. 97. See Digest, p. 596, II, p. 608, IV. 

The court will not be rigorous in the interpretation of town records, and especially 
in relation to the passage of by-laws, which are usually more inartificially expressed 
than any other laws.— Digest, p. 609, ss. 82, 83; 26 Conn. 406; 33 Vt. i29; 17 Maine 444. 

All that is necessary in a vote raising money is, that it indicate in general terms the 
purpose or object for which the money is raised.— 39 Vt. 336. 

(5) A vote to adjourn to a certain place, no time being stated, was held to import an 
adjournment forthwith, and that it might be presumed that the adjourned meeting was 
so held in the absence <-f any proof to the contrary, and the record being silent as to 
the time.— 45 R. 385, 395; Digest, p. 609, s. 73. But the record should always show the 
time and place of the adjourned meeting.— 2 Pick. 397. 

(6) An adjournment to a different place is admissible.— 45 R. 395; 13 Maine 466. 

3. False record. If the clerk of any town or place 
shall wilfully and corruptly make a false record of any vote 
or other proceeding, in any legal town-meeting, or any false 
copy of any record, or any false certificate or return of 
votes, he shall be imprisoned from six months to five years. 

(a) Of a biennial meeting. The record of a Novem- 
ber biennial town-meeting may be as follows : 

(1) At a legal meeting of the inhabitants of the town of 

, on the Tuesday next following the first Monday of 

November, 18 — , at , in the said town, at o'clock 

in the noon. 

The meeting was called to order and the warrant read by 
, chairman of the board of supervisors, and a ballot- 
ing proceeded 

For Moderator. 

The whole number of tickets given in for moderator was 
three hundred, upon which 
A B had seventy-five votes, 



RECORD OF TOWN-MEETING. 81 

C D had one hundred votes, and 

E F had one hundred and twenty-five votes, and was de- 
clared elected moderator by said chairman, and in open 
meeting took the oath of office by law prescribed. 

The following votes of the inhabitants of said town, pres- 
ent and qualified to vote for senator, were by them in open 
meeting given in to the moderator, and said moderator, in 
said meeting, in presence of the selectmen and town-clerk 
and assisted by them, sorted and counted said votes, and at 
the close of the poll made a public declaration of the whole 
number of tickets given in, with the name of every person 
voted for, and the number of votes for each person, as 
follows : 

For Governor. 

The whole number of tickets given in was three hundred 
and thirty, upon which 

A B had one hundred and fifty votes, 
C D had one hundred and eighty votes. 

For Councillor from District No. — . 

The whole number of tickets given in was three hundred 
and forty, upon which 
I K had eighty votes, 
L M had one hundred votes, 
N O had one hundred and sixty votes. 

For Senator from District No. — . 

The whole number of tickets given in was two hundred 
and ninety, upon which 

R M had one hundred and ten votes, 
S T had one hundred and eighty votes. 

For Sheriff. 

The whole number of tickets given in was three hundred, 
upon which 



82 RECORD OF TOWN-MEETING. 

W R, had one hundred votes, 

P S had one hundred and twenty votes, 

W H had eighty votes. 

For County Solicitor. 

The whole number of tickets given in was three hundred, 
upon which 

P H had one hundred and forty votes, 
H B had one hundred and sixty votes. 

For County Treasurer. 

The whole number of tickets given in was three hundred, 
upon which 

M N had one hundred and forty votes, 

P had one hundred and sixty ^votes. 

For Register of Deeds. 

The whole number of tickets given in was three hundred, 
upon which 

A B had one hundred votes, 

C D had one hundred and twenty votes, 

E F had eighty votes. 

For Register of Probate. 

The whole number of tickets given in was three hundred, 
upon which 

Q R had one hundred and forty votes, 
S T had one hundred and sixty votes. 

For County Commissioner. 

The whole number of tickets given in was three hundred, 
upon which 

J F had one hundred and forty votes, 

1 W had one hundred and fifty votes, 
H P had ten votes. 



STATE AND COUNTY OFFICERS. 83 

For Representative in Congress from District No. — . 

The whole number of tickets given in was three hundred 
and ten, upon which 

F S had one hundred and fifty votes, 
L C had one hundred and sixty votes. 

For Representatives (1) to the G-eneral Court. 

The whole number of tickets given in was two hundred 
and seventy, upon which 

A C had one hundred and thirty votes, 

D P had one hundred and thirty votes, 

C D had one hundred and forty votes, 

E F had one hundred and forty votes, 
and said C D and E F were declared elected by the modera- 
tor. 

The check-list was used at said balloting. 

A true record. Attest : 

C D, Towjst Clerk. 

(1) In similar form for supervisors. 



CHAPTER XIV. 

STATE AND COUNTY OFFICERS. 

1. November election. The meetings in the several 
towns for the election of governor, councillors, and senators 
shall be holden on the Tuesday next following the first 
Monday of November, biennially, and at no other time, the 
first meeting to be held in November, eighteen hundred and 
seventy-eight. — G. L., c. 32, s. 1. 

2. Return of votes. The town-clerk shall make out 
a fair and exact copy of the record of all votes given in at 
any such meeting for governor, for councillor, and for sena- 



84 STATE AND COUNTY OFFICERS. 

tor, upon distinct and separate pieces of paper ; shall certify 
upon each copy that the same is a true copy of said record, 
and shall seal said copies separately, and direct and forward 
the same to the secretary of state, with a superscription upon 
each expressing the purport thereof, on or before the twen- 
tieth day of the same November. — Id., s. 2. 

3. Form of return. A return for any state or county 
officer, or representative in congress, upon a record made up 
as in the preceding chapter, ante page eighty, may be as 
follows : 

At a legal meeting of the inhabitants of the town of 

, on the Tuesday next following the first Monday of 

November, 18 — , at in said town, at — o'clock in 

the forenoon, the following votes of the inhabitants of said 
town, present and qualified to vote for senator, were by 
them in open meeting given in to the moderator, and said 
moderator, in said meeting, in presence of the selectmen 
and town-clerk and assisted by them, sorted and counted 
said votes, and at the close of the poll made a public dec- 
laration of the whole number of tickets given in, with the 
name of every person voted for, and the number of votes 
for each person, as follows : 

For Governor. 

The whole number of tickets given in was three hundred 
and thirty, upon which 

A B had one hundred and fifty votes, 
C D had one hundred and sixty votes. 
The check-list was used at said balloting. 

A true record. 

Attest : J D, Town Clerk. 

A true copy of record, 

Attest : D C, Town Clerk. 

It will be seen that the above, so far as it goes, corre- 



STATE AND COUNTY OFFICERS. 85 

sponds with (a) page 80 ante. A return for any other offi- 
cer will be the same, making the necessary changes and 
omissions. 

The superscription may be as follows : 

To the 
Secretary of the State of New Hampshire, 
Concord. 
The within is a true copy of the record of votes given in 
the town of , for , November , 18 — . 

(1) When proof of a record is made by a copy, the copy need not be of the whole rec- 
ord, but only of so much as relates to the subject-matter.— 14 R. 101 ; 29 R. 471; Digest, 
p. 356, s. 60S. 

4. Receipt. The secretary, upon the receipt of any 
such copy, shall forward by mail to the town-clerk a receipt 
therefor. — G. L., c. 32, s. 3. 

5. If not received. Whenever any return of votes 
shall not have been received at the office of the secretary 
within the time prescribed by law, it shall be his duty im- 
mediately to notify the clerk of the town from which such 
return has not been received. Thereupon, it shall be the 
duty of the delinquent town-clerk forthwith (1) to forward 
such return. — Id., s. 4. 

(1) Notice to solicitor after thirty days, post c. 18, ss. 1, 2, 3. 
Correction of insufficient return, post c. 18, ss. 4, 5. 
Fraudulent return, post c. 18, s. 6. 

6. Blanks for return. The secretary shall prepare 
and distribute to the clerk of each town, seasonably, before 
every meeting for the choice of state and county officers, 
representatives in congress, or electors of president and vice- 
president, printed blanks for the return of votes for said 
officers, with such instructions as may be deemed necessary 
or useful ; which blanks shall be used by said clerks in mak- 
ing said returns. — G. L., c. 14, ss. 3, 4. 

7. Representatives to the general court. A 
meeting for the election of representatives to the general 
court, in towns not classed, shall be holden on the Tuesday 



86 STATE AND COUNTY OFFICERS. 

next following the first Monday of November, biennially, 
the first meeting to be held in November, eighteen hundred 
and seventy-eight ; but if the election of the requisite num- 
ber shall not be effected on that day, the meeting may be 
adjourned to, and the election of the number deficient made 
on, the following day, but not afterwards. — G. L., c. 35, s. 1. 
.8. Return of certificate. The certificate of elec- 
tion (1) shall be made in duplicate, certified and signed in 
the same manner as the votes for governor, one of which 
shall be delivered to the representative elect, and the other 
shall be forwarded to the secretary of state, within twenty 
days after the day on which such election is held ; and the 
provisions of this section shall also apply to classed towns ; 
and the town-clerk shall also certify that the check-list was 
duly posted and used during the balloting on which such 
representative was chosen, and the number of voters upon 
the check-list as corrected on the day of such meeting. — Id., 
s. 2 ; Laws 1879, c. 57, s. 5. 

(1) For form of return, see section three, ante. The form of the clerk's certificate 
following such return mny be: I certify that the check-list was duly posted, and that 

it was used during the balloting on which such representative, , above 

named, was chosen. I also certify that the number of legal voters upon said check- 
list, as corrected on the day of said meeting, was — . 

, Town Clerk. 

9. One representative. Each town in this state hav- 
ing had six hundred (1) or. more inhabitants at the last 
preceding census, shall send one or more representatives to 
the general court, according to article nine of the constitu- 
tion of the state. — Id., s. 3. 

(1) As to other towns, see c. 98 of the Laws of 1881. 

10. Vacancies. When any vacancy shall exist in the 
representation in the general court, by reason of the death, 
or resignation, or removal from the town, ward, or class, of 
the person who shall have been elected as such representa- 
tive, the selectmen of such town or ward, or in any class the 
selectmen of the town in which the meeting should last 



STATE AND COUNTY OFFICERS. 87 

have been liolden, shall without unnecessary delay call a 
meeting of all persons in such town or class qualified to vote 
in the election of senators, at which meeting a representa- 
tive shall be elected as provided in article 16 of the consti- 
tution ; and if such election shall be had before the meeting 
of the general court, the clerk of the preceding house of 
representatives shall place the name of such representative 
upon the roll of members elect. — Laws of 1883, s. 82. 

11. In classed towns. A meeting for the election of 
representatives of classed towns may be holden on any day 
in November, except the Tuesday next following the first 
Monday thereof. — G. L., c. 35, s. 9. 

12. Such meeting shall be called by warrant (1) under 
the hands and seal of the selectmen of the town wherein 
the meeting is by law to be holden for that year, requiring 
the inhabitants of said classed towns qualified to vote for 
senator to meet at a certain place in said town, and at a 
certain hour therein mentioned, and expressing the purpose 
of such meeting. — Id., s. 10. 

(1) Warrant and posting, see ante p. 54, s. 27. 

13. How posted. The selectmen shall post an attested 
copy of such warrant at some public place in each of said 
towns fourteen days at least before such meeting, and re- 
turn such warrant with their doings thereon, at the time 
and place of said meeting. — Id., s. 11. 

14. Check-list in. The supervisors of the town where- 
in such meeting is by law to be holden shall lodge with the 
clerk thereof, and cause to be posted at some public place 
in said town, at least fourteen days previous to said meet- 
ing, an alphabetical list (1) of all the legal voters of said 
town, and shall at said meeting enter on said list the name 
of every legal voter which shall be upon the list of voters of 
any town classed therewith. — Id., s. 12. 

(1) For form of proceedings upon check-list, see ante p. 53, c. 10, ss. 11-16. 



88 STATE AND COUNTY OFFICERS. 

15. Correction of. The supervisors of each classed 
town shall hold sessions for the correction of the list of vot- 
ers in the manner provided for other towns, giving at least 
seven days' notice thereof ; but no session shall be holden 
for such purpose on the day of the election. — Id., s. 13. 

16. Filing copy with clerk of town. An attested 
copy of the check-list, as corrected by the supervisors of 
each classed town, shall be filed by them with the town- 
clerk of the town in which such meeting is to be holden, 
before the opening of such meeting, or, in his absence, with 
one of the supervisors of such town. — Id., s. 14. 

17. Choice of moderator. At such meeting, a mod- 
erator shall be chosen, and said moderator, and the super- 
visors, selectmen, and clerk of the town wherein such meet- 
ing is holden, and the legal voters of each town present, 
shall have the same rights and powers, perform the same 
duties, and be subject to the same liabilities and penalties, 
as if such meeting were a legal meeting of the inhabitants 
of one town only. — Id., s. 17. 

18. Clerk pro tem. If there shall be no clerk of the 
town in which such meeting is to be holden, or, in case of 
his absence, the legal voters of such town present shall 
choose a clerk of the meeting, who shall be sworn, and shall 
perform the duties by law required of town-clerks in town- 
meetings, shall keep a fair record of the proceedings of the 
meeting, and shall transmit the same, duly certified, to the 
clerk of said town, as soon as one shall be elected, who 
shall record the same in the book of records of the town 
wherein such meeting is holden. — Id., s. 16. 

19. Penalties for misconduct. If any supervisor, 
selectman, or town-clerk shall neglect to perform any duty 
required of him by this chapter, he shall be fined (1) not ex- 
ceeding fifty dollars. — Id., s. 17. 

(1) For other penalties, see post c. 18. 



STATE AND COUNTY OFFICERS. 89 

20. Couxty officers. There shall be chosen on the 
Tuesday next after the first Monday in November, eighteen 
hundred and seventy-eight, and thereafter biennially, by 
ballot, by the inhabitants of the several towns in each 
county qualified to vote for senators, a sheriff, a county so- 
licitor, a county treasurer, a register of deeds, a register of 
probate, and three county commissioners, each of whom,* 
chosen in November, eighteen hundred and seventy-eight, 
shall take his place on the first Wednesday of June, eighteen 
hundred and seventy-nine; and those thereafter chosen shall 
take their places on the first day of January next succeed- 
ing their election, and shall hold their officers for two years 
and until others are chosen and qualified in their stead. — 
G. L., c. 24, s. 1. 

21. Eligibility. No person is eligible to the office of 
sheriff, county solicitor, count}^ treasurer, register of deeds, 
register of probate, county commissioner, or clerk of any 
court, unless he is a resident of the county for which he is 
chosen. No person shall hold two of said offices at the 
same time, and the acceptance of one of said offices shall be 
a resignation of either of the others. — Id., s. 2. 

22. Returns of votes. The returns of votes given in 
any town for each of said officers shall be made out, signed, 
certified, and sealed by the clerk, in all respects as provided 
for the returns of votes for senator. (1) — G. L., c. 24, s. 3. 

(1) The return will be as in ante p. 84, s. 3, the necessary cha ges being made. 

23. TO THE CLERK OF THE SUPREME COURT. Such 

returns shall be directed by the town-clerk to the clerk of 
the supreme court for the county, with a superscription ex- 
pressing the purport thereof, and shall be transmitted by 
him to said clerk of court on or before the thirtieth day of 
November in which the election is holden. — Id., s. 4. 

(1) To the Clerk of the Supreme Court for the County of : 

The within is a true copy of the record of votes given in the town of for , 

November , 18—. 



90 STATE AND COUNTY OFFICERS. 

24. Counted at law term. The several clerks shall 
have said returns present at the law term of the supreme 
court, holden on the first Tuesday of December next follow- 
ing ; and said court shall examine said returns of votes and 
record, and count the same ; and the person who has re- 
ceived the highest number of votes for each office shall at 
said term be declared to be elected. — Id., s. 5. 

25. If votes for, equal. If the candidates for either 
of said offices having the highest number of votes shall have 
an equal number, the court shall appoint one of said candi- 
dates to fill said office, who shall be declared duly elected. 
—Id., s. 6. 

26. Removal for misconduct. Any officer of a 
county may be removed from office by the supreme court 
for official misconduct. If any person chosen or appointed 
to either of said offices declines to accept, removes from the 
county, resigns, dies, or becomes- insane, or when there is 
manifest hazard to the public interest, said court may de- 
clare the office vacant. — Id., s. 7. 

27. Appointment of commissioner. In any case of 
vacancy, the supreme court shall appoint a commissioner to 
perform the duties of the office, who shall be subject to the 
requirements and liabilities, and entitled to the privileges 
and emoluments, of such office during the vacancy. — Id., 
s. 8. 

28. Ballots, preservation of. At every election for 
governor, councillor, senator, electors of president and vice- 
president, representatives in congress, representatives to the 
general court, or county officers, the moderator and select- 
men shall cause all ballots given in for governor, councillors, 
senators, electors, representatives in congress, and county 
officers, and all ballots given in for representatives to the 
general court, at any balloting at which such representative 
shall be declared elected, after such ballots shall have been 
counted, declared, and recorded respectively, to be secured 



CONTESTED ELECTIONS. 91 

and placed in suitable packages or envelopes, and shall in- 
scribe on such packages or envelopes a record of such vote as 
declared by the moderator, and at what election the same 
were given in, and attest such inscription by their own signa- 
tures, and shall deliver the same, so sealed, inscribed, and 
attested, to the town-clerk before the adjournment of the 
meeting at which the ballots were cast. — Laws of 1879, 
s. 39. 

29. TO BE KEPT UNOPENED SIXTY DAYS. The Said 

town-clerk shall carefully keep such packages or envel- 
opes and the ballots therein so delivered in the same condi- 
tion, and unopened for sixty clays after such election, and 
shall, at the request in writing made within said sixty days, 
by any person for whom a ballot shall have been cast at 
said election and so recorded, send to the secretary of state 
the package or envelope aforesaid, containing the ballot or 
ballots given in for such person ; and the secretary of state 
shall preserve said package or envelope and the ballots 
therein, until otherwise ordered by the legislature. — Id., s. 
40. 

30. Penalties. Whoever shall wilfully violate the 
provisions of either of the two sections next preceding shall 
be fined not exceeding five hundred dollars. — Id., s. 41. 



CHAPTER XV. 

CONTESTED ELECTIONS. 

1. Notice by contestant. When the election of any 
representative shall be contested for any cause, the person 
intending to contest his right to a seat shall, on or before 
the twentieth day of January next succeeding his election, 
cause to be served on the person declared elected a notice(l) 



92 CONTESTED ELECTIONS. 

in writing, briefly stating that his election or right to his 
seat as such representative will be contested, with the rea- 
sons for such contest. — G. L., c. 2, s. 4. 



(1) To J. B., Esq., of , in the County of 



Take notice that I shall contest your election as representative from said town an 1 
your right to a seat in the legislature, for the following reasons : [St.ite generally, and 
also as particularly as the case admits, the grounds of objections.] 
Date and signature. 

2. Depositions. In any case of contested elections, 
depositions may be taken as in civil causes. — Id., s. 5. 

3. Caption of. The magistrate taking depositions shall 
prepare captions thereof, seal up the same, and direct the 
package to the clerk of the house, with a superscription 
stating the session at which the enclosed depositions are to 
be used, and in what case. — Id., s. 6. 

4. Petition before second Wednesday. — In any 
contested election case, the contestants shall not be entitled 
to a hearing, unless their remonstrance or petition shall be 
presented to the house before the second Wednesday of the 
first session thereof ; but, for good cause shown, the house 
may thereafter entertain the same. — Id., s. 7. 

5. Evidence before third Wednesday. — Neither 
party shall be entitled to have any evidence considered be- 
fore the proper committee, which is not in readiness to be 
submitted before the third Wednesday of the first session of 
the legislature ; but, for good cause shown, such committee 
may receive and consider evidence subsequently offered. — 
Id., s. 8. 

6. Compensation and expenses. — The party failing 
to sustain his right to a seat shall not be entitled to any 
compensation for his services as a member, or for any ex- 
penses he may have incurred in the contest therefor ; nor 
shall the contestants, in any case, be entitled to any remu- 
neration for their expenses, unless successful in the con- 
test. — Id., s. 9. 

7. Fined if not entitled. Any person attending at 



REPRESENTATIVES IN CONGRESS. 93 

any session, as a member from any town that has not the 
requisite number of inhabitants and is not duly authorized 
by law to elect a representative, shall not be entitled to 
receive any compensation for his travel or attendance ; and 
if any person shall presume to attend any session of the leg- 
islature, and to vote therein as a representative from any 
town or city, knowing that, by reason of the want of the 
requisite number of inhabitants in said town or in the ward 
of the city which he represents, he is not lawfully entitled 
to a seat in the honse of representatives, or knowing that 
he was not legally elected a representative of such town or 
ward of a city, he shall be punished by a fine not exceeding 
two thousand dollars, or by imprisonment not exceeding two 
years. — Id., s. 10. 

8. Town fined. — In case any town or the ward of any 
city in this state shall elect and send to the general court a 
representative when there are not inhabitants in number 
sufficient to authorize the electing and sending such repre- 
sentative, such town, or the city in which such ward is situ- 
ated, shall forfeit and pay a fine of one thousand dollars, to 
be recovered by indictment for the use and benefit of the 
county in which such town or city is situated. The amount 
of any fine and costs paid by any city under the provisions 
of this section shall be assessed in the assessment of taxes 
upon the property and inhabitants of the ward so electing 
and sending such representative. — Id., s. 11. 



CHAPTER XVI. 

REPRESENTATIVES IN CONGRESS. 

1. First District. The counties of Rockingham, Straf- 
ford, Belknap, and Carroll, and Allenstown, Canterbury, 
Chichester, Epsom, Hooksett, Loudon, Northfield, Pern- 



94 REPRESENTATIVES IN CONGRESS. 

broke, and Pittsfield, in the county of Merrimack, and Bed- 
ford, Goffstown, Merrimack, Hudson, Litchfield, Manches- 
ter, and Pelham, shall constitute the first district. — Laws of 
1881, s. 1. 

2. Second District. The counties of Cheshire, Sulli- 
van, Grafton, and Coos, and Andover, Boscawen, Bow, 
Bradford, Concord, Danbury, Dunbarton, Franklin, Henni- 
ker, Hill, Hopkinton, Newbury, New London, Salisbury, 
Sutton, Warner, Webster, and Wilmot, in the county of 
Merrimack, and Amherst, Antrim, Bennington, Brookline, 
Deering, Francestown, Greenfield, Greenville, Hancock, 
Hillsborough, Hollis, Lyndeborough, Mason, Milford, Mont' 
Vernon, Nashua, New Boston, New Ipswich, Peterborough, 
Sharon, Temple, Weare, Wilton, and Windsor, in the county 
of Hillsborough, shall constitute the second district. — Id., 
s. 2. 

3. Meetings fok choice of. The meetings in the 
several towns in each district shall be warned and governed, 
and the returns of votes for representatives shall be made 
out (1), signed, certified, sealed, directed, transmitted, re- 
ceipted for, examined, and counted, at the same time and in 
the same manner as provided for the return of votes for sen- 
ators. — G. L., c. 33, s. 4. 

(1) See ante p. 84, s. 3. 

4. Plurality elects. Upon such examination and 
count, the person having the largest number of votes re- 
turned in any district shall be declared duly elected ; and 
the governor shall forthwith transmit to the person so elect- 
ed a certificate of such election, under the seal of the state, 
signed by himself and countersigned by the secretary. — Id., 
s. 5. 

5. If NO choice. If two or more persons, at any elec- 
tion of representatives to congress, shall, in any district, 
receive the largest and an equal number of votes, so that no 



REPRESENTATIVES IN CONGRESS. 95 

choice be made, the governor, with advice of the council, 
shall cause precepts to be issued to the selectmen of the sev- 
eral towns within such district for another election, requir- 
ing them to warn meetings to be holden at the time speci- 
fied in such precepts for the choice of a representative. — Id., 
s. 6. 

6. Voting at second election. The votes given at 
any such meeting shall be received, sorted, counted, de- 
clared, recorded, and certified, and the returns thereof made 
out, signed, certified, sealed, and directed, in the manner 
herein before prescribed ; and the clerk shall transmit the 
same to the office of the secretary of state within fifteen 
days after such meeting. — Id., s. 7. 

7. Votes at, canvassed. The secretary, as soon as may 
be, shall lay all such returns before the governor and coun- 
cil, and the votes shall be examined and counted, and the 
election of the person having the largest number of votes 
declared and certified, and the certificate thereof made out 
and transmitted in the manner herein before directed. — Id. 
s. 8. 

8. If still no choice. If, upon such second balloting, 
two or more persons shall have the largest, and an equal, 
number of votes in any district, so that no choice be made 
therein, the governor, with advice of the council, shall forth- 
with cause new precepts to be issued as aforesaid, directing 
another meeting to be warned and holden to fill such vacan- 
cy ; and the same proceedings shall be again had as are 
herein before provided ; and so, from time to time, so long 
as may be necessary, until some one shall have the largest 
number of votes. — Id., s. 9. 

9. Vacancies provided for. If any vacancy in the 
representation in congress shall occur, by death, resigna- 
tion, or otherwise, the governor, with advice of the council, 
shall forthwith cause precepts to be issued to the selectmen 
of the towns within the district where such vacancy exists, 



96 PRESIDENTIAL ELECTORS. 

for an election to fill such vacancy ; and similar proceedings 
in all respects shall be had therein as are provided in the 
preceding sections of this chapter ; and the ballotings in 
such districts shall be continued, until some person shall 
have the largest number of votes given in and returned. — Id., 
s. 10. 



CHAPTER XVII. 

PRESIDENTIAL ELECTORS. 

1. Meetings for choice of. Meetings for the choice 
of electors of president and vice-president shall be holden 
on the Tuesday next following the first Monday in Novem- 
ber, eighteen hundred and eighty, and on the Tuesday next 
following the first Monday in November, in every fourth 
year thereafter; and the governor shall seasonably issue 
precepts to the several towns, directing them to warn and 
hold meetings at the time and for the purpose aforesaid. — 
G. L., c. 34, s. 1. 

2. Returns of votes. The returns of votes for elec- 
tors shall be made out, signed, certified, sealed, and directed 
in the manner (1) provided for the returns of votes for sen- 
ator ; and the town-clerks shall transmit the same to the 
office of the secretary of state five days at least before the 
last Wednesday but one of the same month. — Id., s. 2. 

(1) See ante p. 84, s. 3. 

3. Receipt for. The secretary by whom such returns 
of votes shall be received, shall forward by mail (1) to the 
town-clerks receipts therefor. — Id., s. 3. 

(1) See ante p. 85, s. 4. 

4. Canvass of votes. The secretary shall, on the day 
following the last Wednesday but one of November, lay the 
returns of votes for electors of president and vice-president 



PRESIDENTIAL ELECTORS. 97 

before the governor and council, to be by them examined 
and counted. The requisite number of persons who shall 
have the largest number of votes returned shall be declared 
duly chosen electors. — Id., s. 4. 

5. Notice of election. The governor shall cause the 
several persons who may be chosen electors to be notified 
forthwith of their election, and request their attendance at 
the state-house in Concord, on Tuesday next preceding the 
first Wednesday of December then next, at ten o'clock in 
the forenoon. — Id., s. 5. 

6. Meeting of electors. The electors chosen shall 
meet at the state-house in Concord, on said Tuesday, and, 
by twelve o'clock at midday on said day, give notice to the 
governor and council of the number of electors present who 
accept the office. — Id., s. 6. 

7. Filling of vacancies. If the requisite number of 
electors are not present, or do not accept, or if the requisite 
number of electors shall not be chosen by reason of two or 
more persons having an equal number of votes, the electors 
present who(l) do accept, in the presence of the governor 
and council, shall forthwith choose by ballot the number 
wanting to complete the board. — Id., s. 7. 

(1) An orderly mode of proceeding would be, to first choose a chairman and a clerk # 
The balloting to fill the vacancy may be certified by the clerk, and for greater caution 
by the electors participating in the balloting. 

8. Voting first Wednesday in December. The 
electors shall give their votes for president and vice-presi- 
dent of the United States, at Concord, on said first Wednes- 
day of December, and shall proceed therein according to 
law. — Id., s. 8. 



98 GENERAL PROVISIONS CONCERNING ELECTIONS. 

CHAPTER XVIII. 

GENERAL PROVISIONS CONCERNING ELECTIONS. 

1. Neglect to return votes. If any town-clerk 
shall neglect to make any return of votes for governor, 
councillor, senator, representative in congress, electors of 
president and vice-president, railroad commissioner, register 
of deeds, county treasurer, county commissioner, or any 
other state or county officer, he shall be fined not exceeding 
one hundred dollars. — G. L., c. 36, s. 1. 

2. Certified to county solicitor. The secretary of 
state shall, within thirty days after any default in the re- 
turn of votes, certify the same to the solicitor of the county, 
which certificate shall be prima facie evidence of such de- 
fault ; and the solicitor shall prosecute every person guilty 
of such default. — Id., s. 2. 

3. Prosecution within one year. No prosecution 
shall be sustained unless commenced within one year after 
the commission of the offence. — Id., s. 3. 

4. Correction of returns. If the clerk of any town 
shall make an incorrect or insufficient record or return of 
the votes given therein at any meeting for any officer, the 
tribunal by whom said votes are opened and counted may 
require said clerk, at his own expense, to come in and amend 
said record or return, according to the facts of the case. — 
Id., s. 4. 

5. Not appearing, fined. If any clerk shall neglect 
or refuse to appear and amend, he shall be fined fifty dol- 
lars. — Id., s. 5. 

6. Penalty for false record. If the clerk of any 
town or place shall wilfully and corruptly make a false 
record of any vote or other proceeding, in any legal town- 
meeting, or any false copy of any record, or any false certifi- 
cate or return of votes, he shall be imprisoned not exceed- 
ing five years. — Id., s. 6. 






GENERAL PROVISIONS CONCERNING ELECTIONS. 99 

7. Teeating totees. If any person shall directly or 
indirectly give spirituous liquor to any voter at any time, 
with a view to influence any election, or as a treat for his 
vote, or for the honors bestowed on any candidate at such 
election, he shall be fined not more than twenty dollars for 
each offence. — Id., s. 7. 

8. Double voting and lying. If any person, at any 
meeting for the choice of officers, shall give in more than 
one vote for any officer voted for at such meeting, or if any 
person under the age of twenty-one years, or any alien not 
naturalized, or any person who is not a legal voter, shall 
give in any vote for any officer at such meeting, or if any 
person, being under examination as to his qualifications as a 
voter before the board of supervisors, shall give any false 
name or answer, he shall be fined not more than thirty dol- 
lars for each offence, or be imprisoned not more than three 
months. — Id., s. 8. 

9. Fraud IX COUNTING, etc. If any moderator or se- 
lectman, at any meeting, shall fraudulently receive and 
count any illegal vote, omit to receive and count any legal 
vote, or shall fraudulently embezzle any vote from the num- 
ber of legal votes cast, or add any vote thereto, or shall 
receive or count any vote given at such meeting by proxy, 
and without the personal delivery of such vote by the per- 
son entitled to give the same, or shall fraudulently declare 
the state of the vote in the election of any officer, he shall 
for each offence be fined not less than three hundred dol- 
lars, and be imprisoned not less than six months. — Id., s. 9. 

10. CORRUPT SUPERVISOES. If any supervisor, at any 
session holden for the correction of the list of voters, on 
receiving satisfactory evidence that any person whose name 
is on said list is not a legal voter, shall neglect or refuse to 
erase such name from the list, or shall neglect or refuse to 
insert on said list the name of any person who is a legal 
voter, having satisfactory evidence thereof, or shall neglect 



100 GENERAL PROVISIONS CONCERNING ELECTIONS. 

or refuse to hear or examine any evidence offered for such 
purpose in either of the cases aforesaid, or shall at any time 
insert on said list the name of any person not a legal voter, 
knowing such to be the case, or shall knowingly erase there- 
from or omit to insert the name of any legal voter, he shall 
be fined not more than fifty dollars for each offence. — Id., s. 
10. 

11. Rowdyism. If any person shall wilfully assault any 
town, city, or ward officer in the discharge of any duty of his 
office at the biennial or other election, or take away, injure, 
or destroy the ballot-box or check-list when in use at any 
biennial or other election, he shall be fined not more than 
three hundred dollars, or be imprisoned not exceeding three 
years. — Id., s. 11. 

12. Bribes or threats^ If any person shall directly 
or indirectly hire, procure, induce, or in any way influence, 
or attempt to hire, procure, induce, or in any way influence, 
by payment, promises, offers of emolument, offers of reward 
of any kind, loans of money or other thing, threats or intimi- 
dations, any voter (1) to stay away from any town-meeting, 
or to avoid voting at any town-meeting, or to vote at any town- 
meeting for or against any particular ticket or candidate for 
office, or to ask, in order to disqualify himself from voting 
at any election, the abatement of his taxes, or to be excused 
from paying taxes, such person shall be fined not more than 
five hundred dollars, or be imprisoned not more than three 
months. — Id., s. 12. 

(1) Bribery act of 1885, ante p. 74, ss. 20-26. 

13. Moiety of fine to prosecutor. One half of the 
fines imposed for the violation of the provisions of the two 
preceding sections shall go to the prosecutor, and the other 
half to the county. — Id., s. 14. 

14. Penalty, if no other. If any person shall be guilty 
of any offence against any provision of the laws relating to 



TOWN OFFICERS. 101 

elections for which no penalty is specified, he shall be fined 
not more than thirty dollars. — Id., s. 15. 

15. Order of debate. No person shall speak in any 
meeting without leave of the moderator, nor when any per- 
son is orderly speaking ; and all persons shall be silent at 
the desire of the moderator, on pain of forfeiting one dollar 
for each offence, for the use of the town. — G. L., c. 39, s. 6. 

16. Disturbance punished. If any person shall con- 
duct in a disorderly manner, and, after notice from the 
moderator, persist therein, or shall in way disturb the meet- 
ing, or wilfully violate any rule of proceeding, the moderator 
may command any constable (1) or any legal voter of the 
town to remove such disorderly person from the meeting, 
and detain him until the business is finished. — Id., s. 7. 

(1) See, also, ante p. 73, ss. 15-19. 



CHAPTER XIX. 

TOWN OFFICERS. 

1. Selectmen. In every town, at its annual meeting, 
three selectmen shall be chosen, by ballot and by major 
vote, who shall manage all the prudential (1) affairs of the 
town, and perform all the duties by law prescribed. A ma- 
jority of the selectmen shall be competent to act in all cases. 
— G. L., c. 40, s. 2. 

(1) The assent of the other selectmen to acts of a merely formal character, and re- 
quiring no delib ration, may be presumed.— 33 R. 571; Digest, p. 610, s. 114; and see 51 
R. 148, 155. 

But one selectman cannot sign the name of another in his absence, to any note, order, 
or contract (though he may have given him a general authority to do so— 10 R. 3G; 7 
R. 305; Digest, p. 23 (f) ), nor in general in any way bind the town.— Strafford v. 
Welch, 59 R. 46. 

(a) Selectmen have not a general authority to bind the town.— 7 R. 302; Digest, p. 
614, ss. 108, 111, 116; 47 R. 212. 

<; Pecuniary matters, as well as other subjects of internal police, may well be em- 
braced under a strict definition of the word prudential."— Per Woodbury, J., 2 R. 252. 



102 TOWN OFFICERS. 

They are special agents empowered to do only such acts as are required to meet the 
exigencies of ordinary town business.— 13 Gray 320; 2 R. 253. See s. Impost; 58 R. 233, 
253, 278, 505. 

They may appoint an agent where the business calls for one, as in building a road— 
24 R. 208, Digest, p. 610, s. 117; and employ counsel— 14 Maine 20, 19 Conn. 331; and 
give an indemnity to a collector— 12 R. 278, Digest, p. 610, ss. 115, 116; and pay debts of 
the town even from their own funds, and call upon the town to repay, provided the 
debts are of a character to require immediate payment— 2 R. 251, 254; and defend or 
prosecute suits when necessary.— 19 Conn. 331. 

They have no authority without a vote of the town to borrow money upon the credit 
of the town.— Rich v. Errol, 51 R. 350. 

They cannot refer a controversy so as to bind the town — 22 R. 567, 5 Conn. 367, 8 
Greenl. 315; but held otherwise under a statute authorizing selectmen "to audit and 
adjust " claims against the town.— 22 Vt. 558. 

They cannot release a person in order to make him a witness.— 22 R. 559; 3 Vt. 461. 

They have no general authority to adjust controversies or suits of the town, and 
thereby bind it to the payment of money.— 2 R. 352, 355; 2 Day 323; 5 Conn. 367; 8 
Greenl. 315; but see 36 Vt. 349, 351; Digest, p. 98, s. 9; p. 611, s. 127. 

And hence if the sum to be paid is considerable, the matter should ordinarily be 
referred to the town. But there are cases, particularly of injuries upon highways, 
where a sound discretion would require the selectmen to adjust the matter promptly, 
by the payment * f a moderate sum, and trust to a ratification. See, also, ante, p. 7, s. 
3, (a), (b), (c), (d), (e); 15 R. 468, 473; Digest, p. 610 (b), 1. 

Their acts within the scope of their authority are evidence as admissions of the 
town.— Digest, p. 331, s. 120; ante p. 7, s. 3 (a) ; 36 Vt. 580, 591; 9 Allen 207; 7 Allen 
284. 

(b) Railroad damages in any town are assessed by the railroad commissioners and 
the selectmen as a joint board.— G. L., c. 160, s. 14; Laws of 1883, c. 101, s. 4. 

(c) May offer rewards. The mayor and city council of any city and the selectmen 
of any town are authorized, whenever in their opinion the public good requires it. to 
offer and pay from the treasury of such city or town a suitable reward, not exceeding 
three hundred dollars in any one case, to any person who shall, in consequence of such 
offer, apprehend and secure any person or persons charged with having committed any 
capital or other high crime.— G. L., c. 263, s. 1; 51 R. 148. 

(d) To sue for penalties. When any penalty or forfeiture, or any part thereof, is 
given to any town, the selectmen may sue therefor in the name of the town, and shall 
defray the expenses of the prosecution, and the selectmen may remit such penalty or 
forfeiture.— G. L., c. 266, s. 12. 

(e) To prosecute in liquor cases. By s. 27, c. 109, G. L., " the selectmen of every 
town shall prosecute, at the expense of the town, every person guilty of a violation of 
any previous section of this chapter, of which they can obtain reasonable proof; and if 
any selectman shall neglect his duty as specified in this section, he shall be fined not 
more than two hundred dollars. But this provision shall not be construed to prevent 
any person from making complaint, and instituting and carrying on prosecutions for 
such offences; and such complainant, whether a town or city by its officers, or an indi- 
vidual, shall be entitled to one half of every fine collected through such prosecution." 

(f) By s. 6 of c. 12, G. L., the selectmen or assessors of the several towns and cities of 
the state are required to make inquiries at the time of taking the inventory in April of 
each year, and prior to the first day of May following, and respond to interrogatories 
previously furnished by the secretary in regard to the results of agricultural invest- 
ments and labor, and the prosperity of the farming population. And by c. 50, Laws of 
1885, selectmen are to make return to the state treasurer, on blanks to be furnished by 
him, of the financial condition of the town, and also of all school, fire, water, or other 
precincts therein. 



TOWN OFFICERS. 103 

(g) Peddlers. Selectmen, under chapter 119 of the General Laws, as amended by 
chapter 25 of the Laws of 1883, may furnish a certificate for a peddler's license, the 
form of which may be as follows: 

To the Clerk of the Supreme Court: 

We certify that , who resides in the town of , in said county, is unable to 

earn a subsistence by manual labor, by reason of ill-health [or " decrepitude "]. 

Witness our hands at said , this — day of , 18—. 

_ ) Selectmen 



(h) Junk dealers. The mayor and aldermen of cities and the selectmen of towns 
adopting chapter 120 of the General Laws, as amended by chapter 74 of the Laws of 
1883, may license suitable persons to be dealers in and keepers of shops for the pur- 
chase and sale or barter of ol 1 junk, old metals, or second-hand articles, and of cotton 
or woollen mill waste, unfinished cloth, and cotton or woollen mill yarns in an unfin- 
ished state, not of family manufacture, within their respective cities or towns. 

(i) Liability of selectmen. They are liable to indictment for the wilful neglect of 
duty, to suit for gross negligence, and may be proceeded against by mandamus. They 
are not liable for the misconduct of collectors and surveyors to whom they commit a 
tax for collection, nor for assessing a tax pursuant to the v. te of a town or a school dis- 
trict, notwithstanding such vote may be shown to have been illegal.— 63 R. 201 ; 58 R. 
580; Digest, p. 226, and pp. 611, s. 133; 7 R. 113. 

2. Town-clerk. Every town, at the annual meeting, 
shall choose, by ballot and by major vote, a town-clerk, 
who shall record (1) all votes passed by the town while he 
remains in office, and discharge all the duties of the office 
according to law. — G. L., c. 40, s. 1. 

(1) See ante p. 77, c. 13. 

3. Pro tempore. If the town-clerk shall be absent from 
any town-meeting, a town-clerk pro tempore shall be chosen, 
by ballot and by major vote of the legal voters present and 
voting therefor, who shall be sworn, and perform all the 
duties of town-clerk for the time being. — G. L., c. 42, s. 13. 

4. Appointment. The selectmen, ''without delay," 
shall appoint a town-clerk whenever a vacancy occurs in 
that office. — Id., s. 6. 

(1) See post c. 20. 

5. Attesting records. Every record by a town-clerk 
should be signed by him, and attestation beyond this is 



104 TOWN OFFICERS. 

proper, if not strictly necessary, though the precise form of 
attestation is not essential. 

(a) The record of a meeting may be attested thus : 
A true record. 

Attest : , Town Clerk. 

(b) The record of a mortgage may be attested thus : 
Received , 18 — , at minutes past o'clock 

in the noon, and recorded. 

A true record. 

Attest : , Town Clerk. 

(c) The record of any other instrument, if the hour when 
it is received is not material, may be attested thus : 

Received , 18—, and recorded. 

A true record. 

Attest : , Town Clerk. 

(d) Some proceedings take effect only from the time 
they are recorded, and should therefore be recorded as soon 
as received. The form of attestation may be : 

Received and recorded this day of , 18 — , at 

minutes past o'clock in the noon. 

A true record. 

Attest : , Town Clerk. 

6. Fees (1) of town-clerk. Town-clerks are entitled 
to receive, — 

For each page of two hundred and twenty-four words, 
copied or recorded, seventeen cents. 

For a certificate of the time and place of recording, and 
for every certificate by him made, eight cents. 

For examining the records at the request of any person, 
for each hour necessarily spent therein, twenty-five cents. 

For discharging a mortgage on record, twenty-five cents. 

Upon an attachment, twenty cents. 

For receiving, recording, and returning, as required by 
chapter seventy of the Laws of 1883, fifteen cents for each 
birth, marriage, or death. 






TOWN OFFICERS. 105 

For recording notice of a stray, ten cents ; and twenty- 
five cents for the appraisal. 

(1) See G. L., c. 290, ss. 18, 19; c. 144, s. 13; c. 224, s. 6. 

7. Filing papers. This is sometimes necessary, and 
always advisable. The form may be, — 

Received , 18 — [state the time of day, when mate- 
rial], and recorded (1.) 

Attest: , Town Clerk. 

(1) If such was the fact. 

Such a certificate is evidence.— 17 R. 429; Digest, p. 600, ss. 107, 108. 

8. Attachments and liens. The town-clerk is re- 
quired to certify, upon every copy of a writ of attachment 
left at his dwelling-house, the time when it was received, 
and keep the copy on file. He is also required to keep a 
general index, in which he shall enter, at the time of receiv- 
ing the copy of the writ on which the attachment is made, 
the day of receiving the same, the court to which the writ 
is returnable, and the names of the plaintiff and defendant 
in the suit, with the names of the defendants alphabetically 
arranged ; which index shall at all times be open to public 
inspection. 

The form of certificate upon the copy of writ may be : 

Received , 18 — , at — minutes past — o'clock in the 

noon. 

Attest : , Town Clerk. 

The officer making such attachment shall, at the time of 
making the same, pay to the town-clerk the sum of twenty 
cents, which shall be in full for his services in receiving 
and filing the copy, certifying the time of receiving the 
same, and entering the attachment upon said index. — G. L., 
c. 224, ss. 3-6. 

(a) Upon a sale by the holder of a lien upon personal property, the proceedings are to 
be recorded.— G. L., c. 139, s. 8. 

(b) Creditor's bill. When a bill is filed under s. 3, c. 209, Gen. Laws, the plaintiff 
may cause a certified copy thereof, and of the writ of subpoena issued thereon, to be 



106 TOWN OFFICERS. 

filed in the office of the clerk of the town in which any defendant resides ; and the 
names of the parties, the time of filing, and the court in which the bill is pending, 
shall be entered by said clerk upon the index of attachments, as in the case of an attach- 
ment of real estate. 

A lien upon real estate in such a case is obtained by filing the certified copy in the 
office of the clerk of the town in which the real estate is situate, instead of the town in 
which the defendant resides. — G. L., c. 209, ss. 5, 6. 

(c) Personal mortgages. Every town-clerk shall keep a book of records for personal 
mortgages, at the expense of the town; shall record therein any mortgage, transfer, 
consent, or discharge, and give a certified copy thereof when requested, on payment of 
the fees therefor; shall certify the time when the same is received and recorded, and 
keep an alphabetical index of mortgagors and mortgagees ; which records and index 
shall be open to public inspection.— G. L., c. 137, s."17. 

For form of filing and attesting, see ss. 5, 7, ante; for fees, s 6. 

1. Mortgages of personal property may be recorded in unincorporated places which 
may be required to pay any public tax ; and the clerks thereof are required to record 
the same.— G. L., c. 137, s. 3. 

When no such clerk is chosen, such mortgage may be recorded by the clerk of the 
town or place adjoining said unincorporated place paying the greatest proportion of 
the state tax, and such clerk shall record the same.— Id., s. 4. 

2. When the mortgagor of personal property resides out of the state at the time of 
making the mortgage, it shall be recorded in the town in which the property is sit- 
uate.— Id., s. 5. 

(d) Lists of stockholders. The treasurer of every railroad corporation, and the clerk 
of every other dividend-paying corporation, except banks, until its capital stock is fully 
paid in and a certificate thereof filed and recorded, shall annually, in the month of 
May, cause to be filed and recorded in the office of the clerk of the town or city in 
which such corporation has its principal place of business, a list of the names and 
places of residence of all its stockholders, certified under oath. — G. L., c. 149, s. 16. 

Any person whose name shall be returned on such list shall be deemed a stockholder 
in such corporation, until he shall cause to be filed and recorde 1 by such town-clerk a 
certificate of the transfer of all his stock, the time of such transfer, and the names and 
places of l-esidence of the persons to whom he sold, signed by the treasurer or clerk of 
the corporation, which certificate shall be made and delivered to him by such treasurer 
or clerk upon request, at any time after such transfers are delivered to him for rec- 
ord.-Id., s. 17. 

If any such treasurer or clerk shall neglect to make such return in the month of May 
annually, he shall forfeit for every such neglect fifty dollars, to any person who will 
sue fur the same; and it shall be the duty of such town or city clerk forthwith to com- 
mence a suit therefor.— Id., s. 18. 

(e) Railroad damages. The town-clerk is required to note upon the assessment the 
time when it is received, and keep it on file.— G. L., c. 1G0, s. 26. For form, see s. 5 
ante. 

(f) Conditional sales. By c. 30 of the Laws of 1885, taking effect the first day of Jan- 
uary, 1886, conditional sales of personal property are to be recorded in the town-clerk's 
office of the town where the purchaser resides, if in this steite, otherwise in the office 
of the town-clerk of the town where the vendor resides, within ten days after the prop- 
erty is delivered. The fees for recording are twenty-five cents, or ten cents a folio, at 
the option of the town-clerk. The filing and attesting may be as in the case of a mort- 
gage. 

9. Assessors. Any town may choose assessors by ballot 
and by major vote, who shall constitute, with the selectmen, 



TOWX OFFICERS. 107 

a joint board for the assessment of taxes ; and all questions 
arising at such board shall be decided by major vote of the 
joint members thereof. — G. L., c. 40, s. 3. 

10. By major vote. Any town may choose, by major 
vote, one or more agents, (1) overseers of the poor-, fire- 
wards, and health officers. If such officers are not chosen, 
the selectmen shall discharge the duties and have the powers 
of those officers. — Id., s. 4. 

(1) Agents, it has b^en held, may be chosen under an article " to choose all nece - 
sary town officers" (24 R. 208; Digest, p. 608, s. 59), but we have preferred to have the 
warrant embrace them in terms. See s. 14, p. 47. 

Their authority is special, and limited to the business for which they are chosen. — 
11 R. 424; 42 R. 125; 46 R. 411; 9 R. 263; Digest, p. 21, ss. 58, 59; p. 22, s. 81; p. 608, s. 
58; s. 3 (a), p. 7 ante. 

And there must also have been an article in the warrant in relation to that business. 
46 R. 411; Digest, p. 608, s. 58. 

11. Towx treasueek. Every town, at its annual meet- 
ing, shall elect, by ballot and by major vote, a treasurer ; but 
if any town at such meeting shall fail to elect a treasurer, 
it shall be the duty of the selectmen, within six days there- 
after, to appoint a treasurer. Neither the treasurer, nor the 
collector of taxes, shall be a member of the board of select- 
men. — Id., s. 5. 

12. Bond within six DAYS. Every person elected or 
appointed to the office of town treasurer shall, within six 
days after his election or appointment, and before entering 
upon the duties of his office, give bond, with sufficient sure- 
ties, to the acceptance of the town or the selectmen, for the 
faithful performance of his official duties ; and in default 
thereof the office shall become vacant. — Id., s. 6. 

13. Town notes. Town notes shall be signed by a 
majority of the selectmen, and countersigned by the treas- 
urer. — Id., s. 7. 

14. Record of. Town treasurers shall keep a book 
wherein they shall enter all town notes, with the date, 
amount, endorsement, time of payment, and name of payee. 

Id., s. 8. 



108 TOWN OFFICERS. 

15. Collectors to pay monthly. Every collector of 
taxes shall, on the first Saturday of every month, pay into 
the town treasury all moneys by him collected up to that 
time, and shall submit his tax-book and list to the treasurer 
of said town for his inspection and computation. — G. L., c. 
40, s.' 9. 

16. And take receipts. The treasurer shall give a 
receipt to the collector for all money paid by him to the 
treasurer, who shall make all the disbursements thereof 
under the written authority of a majority of the selectmen. 
—Id. 

17. Selectmen to pay over. All money received by 
the selectmen shall be paid by them immediately to the 
treasurer, who shall give them a receipt therefor, and his 
official bond shall be holden for the safe-keeping and dis- 
bursement of the same, as in this section provided for the 
disbursement of money received from the collector of taxes. 
—Id. 

18. And keep separate accounts. The selectmen 
and town treasurer shall in all cases keep separate accounts 
of all money received and paid by them ; and all money hired 
for the use of any town, or received from any source, except 
that collected by the collector of taxes, shall be received by 
the selectmen, and be paid by them immediately to the 
treasurer. — Id. 

19. Annual financial reports. The treasurer (1) 
and board of selectmen each shall make an annual report to 
the town auditors of all their financial transactions during 
the year, and shall present their vouchers therefor, and said 
reports shall then be filed in the town-clerk's office as soon 
as may be, and read at the next annual meeting. The finan- 
cial year shall expire on the first day of March, and the ac- 
counts and reports shall be made up to that date. The 
report of the board of selectmen shall contain a full and 
detailed statement of the financial condition of the town, 






TOWN OFFICERS. 109 

including all debts and liabilities of the town outstanding at 
the expiration of the financial year. — Id., s. 10. 

(1) By chapter 111 of the Laws of 1883. taking effect in such towns only as adopt said 
chapter, every town treasurer shall, on the Monday following the first Saturday of 
every month, make a written statement, by him signed, to the selectmen of the town, of 
the amount of money in his hands belonging to said town, and the amount of money 
paid by him ou town orders, and not previously reported, and at the same time submit 
his books and vouchers for their inspection; and all such statements made by the 
treasurer to the selectmen shall be kept on file by the selectmen. 

20. Fixe. Any town officer refusing to conform to the 
provisions of the four preceding sections shall be liable to a 
fine not exceeding one thousand dollars, — one half to the 
prosecutor and one half to the town. — Id., s. 11. 

21. Constables axd otheb, officers. Every town 
may choose, by major vote, one or more constables, one or 
more collectors of taxes, surveyors of highways, fence-view- 
ers, a clerk of the market, sealers of weights and measures, 
a pound-keeper, measurers of wood, surveyors of lumber, 
cullers of staves, and every other officer who may be directed 
by law to be chosen, and such other officers as they may 
judge necessary for managing their affairs, who shall sever- 
ally perform the duties prescribed by law: provided, hoivever, 
that if any town shall neglect or refuse to choose either of 
the above mentioned officers, it shall be the duty of the 
selectmen of such town, within thirty days thereafter, to fill 
such vacancy or vacancies by appointment. — Sec. 12, c. 40, 
G. L., as amended by c. 29, Laws of 1881. 

(a) Constables shall serve and return writs and other civil precepts to them directed, 
wherein the amount demanded in damages does not exceed thirteen dollars and thirty- 
three cents, and no others, and shall have similar powers, and be subject to similar lia- 
bilities in relation thereto, as sheriffs.— G. L., c. 216, s. 5. 

(b) Xo sheriff, deputy sheriff, coroner, or constable is disqualified to serve any writ 
or other precept, in which a town or other corporation is a party, by reason of his be- 
ing a citizen of such town, or member of such corporation. — Id., s. 6. 

If any such officer refuses or neglects to serve any legal precept to him directed.. 
and delivered for service, his fees therefor being first tendered, or without such tender 
in criminal cases, when the precept is indor. ed by the attorney-general or solicitor, or 
by the clerk by order of court, he shall forfeit fifty dollars to any person aggrieved 
thereby who shall sue therefor within three months.— Id., s. 7. 

(c) Any officer (constables included) having authority to serve process or make an 
arrest, may require suitable aid in the execution of his office; and any person who 



110 TOWN OFFICERS. 

neglects or refuses to give such aid when so required, shall be fined not exceeding 
twenty dollars.— Id , c. 216, s. 8. 

(d) If a constable neglect to pay over money collected on execution, he is liable to 
five times the lawful interest; but in case he has been trusteed, such liability attaches 
only from the time of the tender of a bond of indemnity. — Id., ss. 17, 18. 

(e) Upon view of any crime, or breach of the peace, or offence against the police of 
towns, he may arrest the offender, and forthwith carry him before the proper court or 
justice to answer for the offence.— G. L., c. 254, ss. 1, 3. 

(f) Other duties. For duties of constables in warning town-meetings, see ss. 5, 6, 7, 
11, p. 46 ante; and at town-meetings, see ss. 15, 16, 17, 18, p. 73. 

(g) To give bond. Every constable shall, within six days after his election or ap- 
pointment, give bond with sufficient sureties to the acceptance of the town or select- 
men, for the faithful performance of the duties of his office; and in default thereof the 
office shall become vac int. — G. E., c. 42, s. 4. 

Any person injured by the neglect or misconduct of a constable, and having recov- 
ered judgment against him, may commence a suit upon his bond in the name of the 
town.— G-. lr., c. 217, ss. 7, 12. See (h)post. 

(h) Liability of constables. Sheriffs, constables, and other officers liable for default 
or misconduct in office shall be holden to answer for the damages in an action on the 
case, and in no (1) other form.— G.L., c. 220, s. 6. 

(1) This is held to apply only to suits by parties having an interest in the process, or 
acquiring rights under it, and not to actions by the debtor, or by third persons for acts 
not warranted by the process.— 18 R. 387 ; Digest, p. 615, ss. 73, 76. 

Nor is an officer protected by this statute, if his warrant is void upon its face.— 
Digest, p. 500, ss. 57-62. 

(i) It is made the duty of all sheriffs, deputy sheriffs, constables, and police officers 
to prosecute all violations of sections 25-30, chapter 281, General Laws, for the preven- 
tion of cruelty to animals.— G. L., c. 281, s. 32. 

(k) Constables receiving bribes for omitting or delaying any duty pertaining to their 
office, shall be punished by fine not exceeding three hundred dollars, or by imprison- 
ment not exceeding three months. — G. L., c. 277, s. 19. 

(1) Fees. Constables are entitled to the same fees as sheriffs in like cases, and for 
summoning and attending the jury on a coroner's inquest, sixty-seven cents a day and 
their necessary expenses.— G. L., c. 290, ss. 20, 23. 

22. Keeper of powder magazine. When any maga- 
zine for gunpowder shall be provided by any town for pub- 
lic use, a keeper of such magazine shall be annualty chosen, 
who shall receive into and deliver out of said magazine all 
gunpowder brought or deposited there, and account for the 
same; and he shall receive for his services at the rate of 
twenty cents for a hundred pounds for all quantities above 
ten pounds, and for less quantities one cent a pound. — 
G. L., c. 40, s. 13. 

23. Holding over. All town officers shall continue in 
office until the next annual meeting for the choice of town 
officers, and until others shall be chosen and sworn in their 



TOWN OFFICERS. Ill 

stead, (1) except in cases where the law shall otherwise 
direct. — G. L., c. 40, s. 14. 

(1) Held not to apply to a city marshal.— 29 R. 213; Digest, p. 149, s. 7. 

24. Official oath. Every town officer shall take the 
oath of office by law prescribed, before the moderator, town- 
clerk, one of the selectmen, or a justice of the peace, who 
are hereby authorized to administer such oath. — G. L., c. 
41, s. 1. 

25. Form of. The form of oath to be administered to 
town officers shall be, — 

You do solemnly swear that you will faithfully and im- 
partially discharge and perforin all the duties incumbent on 
you as a , according to the best of your abilities, 

agreeably to the rules and regulations of the constitution 
and laws of the state of New Hampshire. So help you 
God. — Id., s. 2. 

26 Notice to take. Any person chosen to any office 
may be notified by the moderator, town-clerk, or one of the 
selectmen in open meeting to take the oath of office ; and 
such person, if present, shall immediately, in open meeting, 
take such oath or declare his refusal ; and airy person so 
chosen and notified, not exempt from serving in such office, 
who shall refuse or neglect for one hour to take such oath, 
shall be fined five dollars, — one half for the use of the town, 
the other half for the use of the county. — Id., s. 3. 

27. By precept from clerk. The town-clerk shall 
forthwith, after the choice of any town officers, by a precept 
under his hand, direct a constable to notify the persons so 
chosen, whose names and the offices to which they are 
chosen shall be designated therein, to appear before him 
within six days from the day of the notice given, and take the 
oath by law prescribed ; and the constable shall, within four 
days, give personal notice to the persons therein named, or 
leave a notice in writing at the abode of each, and make 



112 TOWN OFFICERS. 

return of such precept and his doings therein, to such town- 
clerk within six days. — Id., s. 4. 

(a) The form of the warrant may be, — 

The State of New Hampshire. 
To , a constable in the town of : 

Whereas, at the annual meeting of said town, on the day of , 18 — , 

was chosen [state the office], and and were chosen 

[state the office] : 

In the name of said state, you are required, within four days from the date hereof, 
to give personal notice to each of the persons above named, or leave a notice in writing 
at his abcde, to appear before me, the town-clerk of said town, within six days from the 
day of such notice given, and take the oath of office by law prescribed. 

Hereof fail not ; and make return of this precept, and your doings thereon, within six 
days from the date hereof, to me, the said town-clerk. 

Given under my hand at said , this day of , 18 — . 

, Town Clerk of . 

(b) Service and return. The constable in giving personal notice may read his precept 
to the person to be notified, and then say,— "and I do therefore notify you to appear 
before said town-clerk within six days, and take the oath of office by law prescribed." 

And upon such a notice his return may be : ss. On the day of , 18 — , 

I read the within precept to the within named , and verbally and personally 

notified him to appear before said town-clerk within six days from such notice, and 
take the oath of office by law prescribed. 

, Constable of . 

In giving a written notice, the constable may append to an attested copy of his pre- 
cept, following the same, the words,— And I do therefore notify you, , to appear 

before said town clerk within six days, and take the oath of office by law prescribed. 

, Constable of . 

And upon such a notice his return may be, — 



On the day of , 18—, I left at the abode of the within named 



an attested copy of this precept, and appended to the same a notice by me 

signed, of which the writing hereto annexed is a copy. 

, Constable of . 

And I do therefore notify you, , to appear before said town-clerk within six 

days and take the oath of office by law prescribed. 

, Constable of . 

28. Neglect to notify — penalty. Any constable neg- 
lecting Ins duty in any of the foregoing particulars shall be 
fined five dollars, — one half for the use of the town, the 
other half for the use of the county. — Id., s. 5. 

29. Neglect to take oath — penalty. Every person 
so chosen and notified, not by law exempt from serving, who 
shall neglect for six days after personal notice, or after 
notice left at his abode, or after his return, in case he was 
absent when such notice was left, to appear before said 



VACANCIES IN TOWN OFFICES. 113 

town-clerk and take suck oath, skall be fined five dollars, to 
be appropriated as in the preceding section. — Id., s. 6. 

30. If before selectman or justice. Any person 
so chosen and notified, who shall take the oath of office 
before one of the selectmen or a justice of the peace, and 
file a certificate (1) thereof with the town-clerk within said 
six days, shall be exempted from such penalty. — Id., s. 7. 

(1) Th<- form of a certifit ate maybe,— 

H ss. , 18 — . Then appeared , highway surveyor of the town of 

, and took the oath of office by law prescribed. 

Before me, , Justice of the Peace. 

31. Record of oath. The town-clerk shall make a 
record (1) of every oath of a town officer taken in open 
town-meeting at the time of the election, and of every such 
oath taken before him at any other time and place, the 
import of which record may be that the officer took the 
oath of office prescribed by law ; and he shall record and 
keep on file every certificate filed with him pursuant to the 
preceding section. — Id., s. 8. 

(1) Record of the taking before the clerk : 

M 18—. Then appeared , fence-viewer of the town of , 

and took the oath of office by law prescribed. 

Before me, , Town Clerk. 

32. Exemption from serving. No person shall be 
obliged to serve in any town office two terms successively ; 
nor shall any person in any case be compelled to serve as 
collector of taxes. — Id., s. 9. 



CHAPTER XX. 

VACANCIES IN TOWN OFFICES. 

1. Towns may fill. When any person elected to any 
town office shall not accept the same, or shall die, resign, (1) 
remove from town, or become insane (2) in the judgment 



114 YACANCIES IN TOWN OFFICES. 

of the town, or shall be removed from office, or convicted 
of any crime, or when no animal meeting shall have been 
holden for the choice of town officers, or no choice has 
been made, or when there shall be a vacancy in any other 
way, the town may choose such officer at any legal meeting 
holden for that purpose, or at the adjournment of the an- 
nual meeting: provided, that in case any officer who has 
given an official bond shall so remove or resign, he and his 
sureties shall continue liable upon his bond for all acts under 
color of his office until he shall resign, and his resignation 
shall have been accepted (3) by the town, selectmen, or 
others competent to accept the same. — G. L., c. 42, s. 1. 

(1) A vacancy may be filled under the usual article " to choose all necessary town 
officers." The town-clerk's record should show the resignation, etc., and then the 

choice to fill the vacancy, as in this form : "AB, elected to the office of , having 

[refused to accept the same— died— resigned— removed from town— in the judgment of 
the town become insane], chose C D to said office in his stead." 

(2) In case of insanity it is expedient that the vote and the record should show that 
in the judgment of the town the officer has become insane. See ante p. 3, s. 17. 

(3) The choice of another in his place would be acceptance of resignation. 

2. New officer, authority of. The powers, duties, 
and liabilities of every person appointed or chosen to fill a 
vacancy shall be the same as if he were chosen at the an- 
nual meeting, and he may take up the business appertaining 
to his office where his immediate predecessor left it, and 
proceed to the full execution of the same. — Id., s. 2. 

3. Appointment of collector. When any town shall 
neglect or refuse to choose a collector of taxes, or to fill a 
vacancy in that office, or when any town shall, by a vote at 
their annual meeting, so direct, the selectmen may appoint 
(1) a collector or collectors of taxes, whose powers, duties, 
and liabilities shall be the same as those of collectors chosen 
by the town. — Id., s. 3. 

(1) The form of snch an appointment may be as follows : 
To of the town of . 

Said town having [neglected to choose a collector of taxes— refused to choose a col- 
lector of taxes, by vote at its annual meeting, directed that the selectmen appoint a col- 
lector of taxes], we, having confidence that you will properly discharge its duties, 
hereby appoint you to the office of collector of taxes of said town for the year 18—, and 



VACANCIES IK TOWN OFFICES. 115 

upon your taking the oath of office, and having this appointment, with the certificate 
of said oath, recorded in the office of the town-clerk, you shall have the powers, per- 
forin the duties, and be subject to the liabilities of said office. 
Date, etc., as in s. 6 (l)post. 

4. To give bond. Every collector or constable shall, 
within six days after his election or appointment, give bond 
with sufficient sureties to the acceptance of the town or se- 
lectmen, for the faithful performance of the duties of his 
office ; and in default thereof the office shall become va- 
cant. — Id., s. 4. 

(a) The form of the bond may as asfolloivs : 

Know all men by these presents, that we, , as principal, and , 

as sureties, are indebted and firmly bound unto the town of in the sum of 

doll irs, to the payment whereof we bind ourselves and our heirs by these presents. 

Sealed with our seals, and dated this — day of , 18 — . 

The condition of this obligation is such that whereas the said has been 

chosen [or appointed] a for said town, for the year 18 — ; now if the said 

shall well and faithfully perform all the duties of his said office, then this obligation 
shall be void ; otherwise to remain in full force. 
Signed, sealed, and delivered 
in presence of us, 

(Seal.) 

(Seal.) 

(Seal.) 

Approved, this day of , 18—. 



Selectmen. 



Received and filed the — day of , 18—. 

Attest : , Town Clerk. 

5. His compensation. Every town may, at their an- 
nual meeting, determine, by vote or otherwise, the rate or 
amount of compensation to be allowed the collector of taxes 
for his services ; and whenever the selectmen appoint a col- 
lector, they shall make a written agreement as to such com- 
pensation, which shall be signed by the selectmen and col- 
lector. — Id., s. 5. 

6. Other appointments. Whenever a vacancy (1) 
shall occur in any town office other than that of selectmen, 
the selectmen may, in writing, appoint some suitable person 
to the office, and his appointment and a certificate of his 
oath being recorded in the records of the town, he shall 
have the powers, perform the duties, and be subject to the 



116 VACANCIES IN TOWN OFFICES. 

liabilities of such office until another person shall be chosen 
and qualified ; and the selectmen, without delay, shall ap- 
point a town-clerk, whenever a vacancy occurs in that office. 
—Id., s. 6. 

(1) The form of an appointment to fill a vacancy may be, — 

To , of the town of . 

Whereas there is a vacancy iu the office of in said town for the year 18—, we, 

having confidence that you will properly discharge its duties, hereby appoint you to 
said office, and upon your taking the oath of office, and having this appointment, with 
the certificate of said oath recorded in the office of the town-clerk, you shall have the 
powers, perform the duties, and be subject to the liabilities of said office. 

Dated day of , 18—. 

, ) Selectmen 

?s. 18—. Then the above named , appointed , took the oath of office by 

law prescribed. 

Before me, , Town Clerk. 

Received and recorded the day of , 18 — . 

Attest : , Town Clerk. 

7. Collector dying before completing. If a col- 
lector dies before completing the collection of a tax com- 
mitted to him, the selectmen or mayor and aldermen may 
appoint some suitable person to complete the collection, and 
pay him a reasonable compensation therefor ; and the asses- 
sors shall commit the uncollected portion of the tax-list to 
him, and he shall give such bonds as the selectmen or mayor 
and aldermen may require, and have the same powers and 
be subject to the same duties and liabilities as other collect- 
ors.— G. L., c. 42, s. 7. 

8. Compensation of treasurer. Whenever the se- 
lectmen appoint a treasurer, they shall fix his compensation 
by written contract ; he shall give bond for the faithful dis- 
charge of his duties to the satisfaction of the selectmen, and 
shall hold his office during the pleasure of the selectmen, or 
until another is chosen and sworn in his stead. — Id., s. 8. 

9. Selectmen may remove. The selectmen or mayor 
and aldermen may remove any collector or treasurer, who in 
their judgment becomes insane, or otherwise incapacitated 
to discharge the duties of his office, or who neglects to give 



VACANCIES IN TOWN OFFICES. 117 

a new bond to their acceptance within ten days after a writ- 
ten notice to furnish such bond ; and they may proceed with- 
out a hearing, if they shall judge it necessary to do so, in 
any case under this section. — Id., s. 9. 

(a) Notice for a hearing should be given, unless from insolvency or other cause the 
public would be likely to be injured by the delay. 

(b) Thefoi~m of removal may be, — 

To , collector [or treasurer] of the town of : 

Whereas, you, in our judgment, have become insane, and incapacitated to discharge 
its duties, you are hereby removed from your office of collector [or treasurer]. 

Witness our hands, tlrs — day of , 18—. 

) Selectmen 
' [ of 

Another Form. 
To etc., as above : 

Whereas, you in our judgment have, from habitual drunkenness, become incapaci- 
tated, etc., etc. 

(c) For neglect to give bond. 
To, etc.: 

Whereas, Wc», on the — day of last (more than ten days since), gave you a writ- 
ten notice to iurnish a new bond to our acceptance, but you have neglected to furnish 
such bond, you are hereby removed from your said office of collector. 

(>') Xotice of his removal should be given to the officer, or his guardian, if one has 
been appointed, by giving him the original, or leaving it at his usual place of abode, 
and a copy, with an affidavit of service, be recorded by the town-clerk. 

10. Delivery of tax-list to selectmen. In case of 
death or removal from office of a collector, his executors or 
administrators, and all other persons into whose hands any 
of his unsettled tax-lists may come, shall forthwith deliver 
the same to the selectmen of the town or mayor of the city. 
—Id., s. 10. 

11. Old sureties liable. The appointment of a col- 
lector, under any of the provisions of this chapter, shall not 
discharge the bondsmen or representatives of the deceased 
or insane collector from their liability for any of his acts or 
negligence. — Id., s. 11. 

12. Completing distress. Any distress commenced 
by the deceased or removed collector may be completed by 
the collector appointed under the provisions of this chapter, 
in the same manner as it could have been by him who com- 
menced it. — Id., s. 12. 



118 HEARINGS BEFORE TOWN OFFICERS. 

13. Town-clerk pro tempore. If the town-clerk 
shall be absent from any town-meeting, a town-clerk pro 
tempore shall be chosen, by ballot and by major vote of the 
legal voters present and voting therefor, who shall be sworn, 
and perform all the duties (1) of town-clerk for the time 
being.— G. L., c. 42, s. 13. 

(1) See ante p. 77, c. 13. 



CHAPTER XXI. 

HEARINGS BEFORE TOWN OFFICERS. 

1. Before the selectmen. On petition to the select- 
men for the laying out or altering of highways, for laying 
out school-house lots or other lands for public use, and gen- 
erally for the purpose of deciding any question affecting the 
conflicting rights or claims of different persons, their pro- 
ceedings shall be governed by the following rules : 

2. Notice of. They shall appoint a time and place of 
hearing, and order notice of such petition and hearing to be 
given to all persons whose property or rights may be direct- 
ly affected by such proceeding, by giving to them or leaving 
at their abode an attested copy of such petition and order 
fourteen days before such hearing. If the owner is a person 
under guardianship, notice shall be given in the same man- 
ner to his guardian. If such owner is a minor, or a person 
under any legal disability, the judge of probate may appoint 
a guardian for such person, to whom notice shall be given. 
— G. L., c. 43, ss. 1, 2. 

3. By posting. Notice shall be given to all other per- 
sons interested by posting a like copy, if it affect a town, at 
the usual place of the town-meeting, or, if it affect a school- 
district, on the door of the school-house therein, if any; 



HEADINGS BEFORE TOWN OFFICERS. 119 

otherwise, in one or more public places in the district, and 
by leaving a like copy at the abode of the clerk of the town 
or district respectively, the like time before the hearing. 
The notice prescribed in this section shall be sufficient for 
all hearings before town officers, in relation to the division 
or union of school-districts, and in such cases further per- 
sonal notice shall not be required. — Id., s. 3. 

4. Proceedings at. They shall hear (1) all parties 
who desire to be heard, and examine all parties and wit- 
nesses under oath, which either of such selectmen may ad- 
minister, may adjourn when they deem it necessary, and 
shall make their decision in writing, and cause the petition, 
order of notice, (2) evidence of service, and their decision in 
writing to be recorded at length upon the town records, and 
file the original papers there; and their decisions shall be of 
no force (3) or effect until the same is done. — Id., s. 4. 

(1) They may, in their discretion, refuse to open the hearing after the evidence has 
been closed, bearing in mind, of course, that a full hearing of all parties who desire to 
be heard, and have not waived their right, is indispensable.— 39 R. 254; Digest, p. 401, 
ss. 121, 123. 

(2) An appearance, without objecting to the proceedings specifically upon that 
ground only, is a waiver of any objection of a want of sufficient notice. — 37 R. 287; 
11 R. 294; Digest, p. 401, s. 118; Crowell's Appeals, 63 R. 42. 

(3) The date of the recording should appear both upon the record and by the filing. 
For forms, see ante p. 104, ss. 5, 7. 

5. Befoee other officeks. The same rules shall ap- 
ply to and govern the proceedings of fence-viewers, school 
committees, committees appointed by the selectmen, and all 
town officers when they are applied to or appointed to de- 
cide any question affecting the rights or claims of individ- 
uals, saving that other or shorter notice, when required or 
allowed by statute, shall be sufficient. — Id., s. 5. 

6. If no appeal. The decision of such selectmen, fence- 
viewers, school committee, and other committees and town 
officers, shall be binding and conclusive upon all parties for 
the term of five years, unless an appeal shall be prosecuted 
therefrom in cases allowed by law. — Id., s. 6. 



120 HEARINGS BEFORE TOWN OFFICERS. 

7. Disqualifications. No selectman or other officer 
shall act in the decision of any such case, who would be dis- 
qualified to sit as a juror (1) in the trial of a civil action in 
which any of the parties interested in such case was a party, 
from any cause, except exemption from service as a juror. — 
Id., s. 7. 

(1) The causes of disqualification may be understood from s. 23, c. 213, G. L., which, 
provides that any juror maybe required by the court, on motion of any party in the 
cause to be tried,, to answer upon oath whether he expects to gain or lose by the issue 
of the cause ; whether he is related to either party ; whether he has advised or assisted 
either party, or directly or indirectly given his opinion, or has formed any opinion ; or 
is sensible of any prejudice in the cause; or whether any one of the counsel in the 
ciuse is employed by him in any action then pending in said court; and if it appears 
that any juror is not indifferent, he shall be set aside on that trial.— See also, Digest, p. 
400, ss. 90-93 ; p. 446, s. 7. 

(a) The question, whether any member of the board is disqualified, must, of course, 
be decided by the board in the first instance, subject, however, to correction. — 19 R. 93; 
63 R. 17; Digest, p. 400, s. 103. 

(b) Objections of this character, if known to the party, must be taken at the hearing, 
or they are waived.— Digest, p. 637, s. 2; 55 R. 452; 63 R. 17. 

An objection, that the oath of office has not been taken by the officers, must be taken at 
the hearing.— 26 R. 132; Digest, p. 374, s. 17. 

8. Substitution. The place of such selectman or person 
so disqualified shall be supplied by those who are qualified 
to act, by the appointment of a qualified person who has 
heretofore holden the same office in the town, or, in the case 
of committees, by a new appointment. If, in any case, the 
whole board is disqualified, the selectmen shall, in writing, 
so inform some justice of the supreme court, who shall 
thereupon, with or without notice, appoint a new board for 
that case, from qualified persons who have before holden 
the same office in the town, if such there be ; otherwise 
some qualified persons, resident of another town, who have 
holden the same office. Id., s. 8, as amended by c. 16, Laws 
of 1881. But c. 103, Laws of 1883, provides that when any 
selectman or school committee shall be disqualified under 
s. 7, c. 43, G. L. {ante s. 7,) a member of the board of se- 
lectmen or school committee of an adjoining town may, on 
request of petitioners, act in place of the selectman or school 
committee so disqualified. 



HEARINGS BEFORE TOWN OFFICERS. 121 

(a) The construction of these provisions as a whole is doubtful. But assuming that 
if there is one selectman competent to act, he is to fill the vacancies by appo ; ntment of 
existing officers of an adjoining town, if so requested by petitioners, otherwise by the 
appointment of qualified persons who have before holden the office in the same town, 
two forms of application, following the principal petition, are given. 

To A B, one of the selectmen of the town of : 

Whereas, C D and E F, two of the selectmen of said town, are disqualified to act on 
the foregoing petition of G Hand others, we request you to supply their places by the 
appointment of selectmen of an adjoining town. 
To A B, one of the selectmen of the town of : 

Whereas, C D and E F, two of the selectmen of said town, are disqualified to act on 
the foregoing petition of G H and others, we request you to supply their places by the 
appointment of qualified persons who have heretofore holden the office of selectman in 
said town. 

(b) An appointment under either form of such application may be, — 
To C M and A H of the town [towns] of : 

Upon the fo-egoing application of G H and others, I hereby appoint yon to act upon 
their petition for a highwny in place of C D and E F, two of the selectmen of the town 

of , who are disqualified to act. 

Date and signature. 

The appointment having been made, the order of notice will be issued upon the prin- 
cipal pet tion-by the new board. 

(c) If one is disqualified, the other two may appoint. 

9. Ax order OF notice AND returx to one adverse 
party may be as follows : 

(a) A hearing upon said petition is hereby appointed at 

, in the town of , on the day of 

next, at o'clock in the noon ; and it is ordered that 

the petitioner give notice of said petition and hearing to the 

said , by giving to him, or leaving at his abode, an 

attested (1) copy of said petition, and this order thereon, 
fourteen days at least before the said day of hearing. 

Given under our hands this day of , 18 — . 

) Selectmen 
S of* 



(1) The copy may be attested by the person serving ; as,— 

A true copy. Attest: . 

(b) B , , 18 — . I hereby certify that on the 

day of , 18 — . I gave to , within named, [or 

"I left at the abode of , within named," if such was 

the fact,] an attested copy of the within petition and order 
thereon. 

* Or other official character. 
6 



122 HEARINGS BEFORE TOWN OFFICERS. 

(c) M , ss. , 18 — . Then appeared and 

made oath that the above certificate by him signed is true. 

Before me, 

, Justice of the Peace. 

10. Upon several defendants : 

(a) A hearing upon said petition is hereby appointed at 

, in said , on the day of next, at 

o'clock in the noon : and it is ordered that the 



petitioner give notice of said petition and hearing to 



, by giving to each of them, or leaving at their 

abodes, an attested (1) copy of said petition, and this order 
thereon, fourteen days at least before the said day of hear- 
ing. 

Given under our hands this day of , 18 — . 

) Selectmen 
\ of 



(1) See s. 11 (1). 

(b) E , , 18 — . I hereby certify that on the 

day of , 18 — , I gave to the within named 



•, each, an attested copy of the within petition and 

order thereon, and on the day of , 18 — , I left a 

like copy at the abode of , respectively. 



(c) M , ss. Then appeared : , and made oath 

that the above certificate by him signed is true. 

Before me, 

, Justice of the Peace. 

11. In cases of public and private interests : 

(a) A hearing upon said petition is hereby appointed at 
, in said , on the day of next, at 



o'clock in the noon; and it is ordered that the peti- 
tioners give notice of said petition and hearing to , 



guardian of , and of , and all persons 

whose property or rights may be directly (1) affected by 
these proceedings, by giving to each one, or leaving at his 



HEARINGS BEFORE TOWN OFFICERS. 123 

abode, an attested (2) copy of said petition and order thereon, 
fourteen days at least before the said day of hearing, and to 

all others interested, by posting a like copy at , in 

said town (the usual place of the town-meeting), and leaving 
a like copy at the abode of the town-clerk of the said town, 
the like time before the said day of hearing. 

Given under our hands this day of , 18 — . 

) Selectmen 

> of 



(1) It is better to name such as are known to have a direct interest ; but if others 
come to the knowledge of the petitioners, they should also be served with a copy. 

(2) The copy may be attested by the person serving it, as follows : 

A true copy. Attest : . 

(b) G , , 18 — . I hereby certify that on the 

day of , 18 — , I gave to , , each an attest- 
ed copy of the within petition and order thereon, and on the 

day of , 18 — , I left a like copy at the abode of 

and , respectively. I also certify that on the 

day of , 18 — , I posted an attested copy of said 



petition and order thereon, at , in said town, the usual 

place of holding town-meeting, and on the same day I left 
a like co-pj at the abode of , town-clerk of said town. 



M , ss. , 18 — . Then appeared , and 

made oath that the above certificate by him signed is true. 

Before me, 

, Justice of the Peace. 

12. Form of an order and return in cases affecting 
school-districts. 

(a) A hearing upon said petition is hereby appointed at 

, in said , on the — day of next, at — 

o'clock in the noon ; and it is ordered that the petition- 
ers give notice of said petition and hearing to , , 

and all(l) persons whose property or rights may be directly 
affected by these proceedings, by giving to each, or leaving 



124 HEARINGS BEFORE TOWN OFFICERS. 

at his abode, an attested (2) copy of said petition, and this 
order thereon, fourteen days at least before the said day of 
hearing, and to all others interested by posting a like copy 
on the door of the school-house of the school-district within 
mentioned, and leaving a like copy at the abode of the clerk 
of said district, a like time before said day of hearing. 

Given under our hands this day of , 18 — . 

) Selectmen 

\ of 



(1) It is better to insert the names of those known to be directly interested, but if 
others come to the knowledge of the petitioners they should also be served with a 
copy. 

(2) The copy may be attested by the person serving it : 

A true copy. Attest: . 

(b) P , 18 — . I hereby certify that on the day 

of , 18 — , I gave to , , each an attested 

copy of the petition and order thereon, and on the day 

of , 18 — , I left a like copy at the abode of , 

, respectively. I also certify that on the day 

of , 18 — , I posted an attested copy of said petition and 

order thereon on the door of the school-house in the school- 
district within mentioned, and on the same day I left a like 
copy at the abode of , the town-clerk of said district. 



G , ss. , 18 — . Then appeared , and made 

oath that the above certificate by him signed is true. 

Before me, 

, Justice of the Peace. 

13. Beginning and conclusion of final order. 

(a) Upon the foregoing petition we appointed a hearing 

and gave notice thereof as aforesaid, and on the day of 

— — , 18 — , at — o'clock in the noon, at , in the 

town of , the time and place appointed [here insert 

the names of those who appeared as parties], appeared as 
parties [and said hearing was adjourned to the — day 
of , 18 — , at — o'clock in the noon, at , in 



DRAWING JURORS. 125 

the town of ] ; and having heard all parties who desired 

to be heard, and examined them and their witnesses under 

r*nf |-| ********* 

********* 

(b) Given under our hands this — day of , 18 . 

) Selectmen 

of 



fc) The town-clerk must record the entire proceedings, 
as they take effect only from the time of their being re- 
corded, and certify the record of each separate part as fol- 
lows. 

Received and recorded, , 18 — , at — o'clock in the 

noon. 

A true record. Attest : 

, Town Clerk. 

(d) The filing upon the papers may be : Received and 
recorded , and filed , 18 — . 



Byrne, 



-, Town Clerk. 



CHAPTER XXII. 

DRAWING- JURORS. 

1. List of jurors. The selectmen of each town shall 
annually, in December, make a list of such persons as they 
judge best qualified to serve as jurors ; and such list shall 
be by them kept and delivered to their successors in office. 
G. L., c. 213, s. 1. 

2. Number upon the list. Such list shall not contain 
the names of more than fifteen persons, in towns containing 
less than six hundred inhabitants ; twenty-five, in all other 
towns containing less than twelve hundred; thirty, in all 



126 DRAWING JURORS. 

other towns containing less than sixteen hundred ; thirty- 
five, in all other towns containing less than two thousand ; 
forty, in all other towns containing less than five thousand ; 
and forty-five, in all towns containing more than five thou- 
sand inhabitants ; and shall not contain in any town less 
than one half the number fixed as the highest number of 
names to be put on said list in such town. — Id., s. 2. 

3. Exempts. The governor, auditor, secretary, and treas- 
urer of the state, judges and clerks of the courts, registers 
of deeds and of probate, sheriffs and their deputies, coun- 
sellors and attorn eys-at-law, ordained ministers, practising 
physicians and surgeons, and postmasters and their assist- 
ants under the laws of the United States, are exempted 
from serving as jurors, and their names shall not be placed 
on said lists. — Id., s. 3. 

4. Under lock. The names on the list in each town 
shall be written upon separate and similar pieces of paper, 
which shall be so rolled up that the name cannot be seen, 
and placed in a box provided for that purpose by the select- 
men, to be kept by the town-clerk under lock. — Id., s. 4. 

5. List to be revised. When the number of names 
in the jury-box is reduced below the smallest number which 
the list is required to contain, the selectmen, before the day 
appointed for drawing, shall revise the list, and place in the 
box the names thereon, as required to be done in Decem- 
ber. — Id., s. 5. 

6. Court to direct drawing. The court shall direct 
the number of jurors to be summoned, and from what towns, 
so that each may furnish its proportion of jurors in each 
year. — Id., s. 6. 

7. Venires to be issued. The clerk of the supreme 
court shall issue writs of venire facias, directed to the clerks 
of such towns as the court may order, forty days before the 
sitting of the court, requiring them to cause to be selected 
and returned so many j urors as are therein mentioned. Id., 
s. 7. 



DRAWING JURORS. 127 

8. Service upon clerk. He shall cause the venires to 
be delivered to such town-clerks twenty-five days, or to the 
sheriff forty days, before the sitting of the court ; and the 
sheriff shall cause the venires received by him to be deliv- 
ered to the town-clerks twenty-five days before such sit- 
ting. — Id., s. 8. 

9. Notice of drawing. Upon the receipt of the venire, 
the town-clerk shall notify the selectmen of the time and 
place by him appointed for drawing jurors, and post a no- 
tice thereof in some public place (1) in his town, seven days 
at least before the time so appointed. — Id., s. 9. 

(1) As to what may be considered a " public place," see ante p. 46, s. 13 (c). It 
would be well to preserve a copy. 

(a) The form of the notice may be as follows : 

DRAWING JURORS. 

To the Inhabitants and Selectmen of the toion of , in the county of : 

You are hereby notified that I have appointed , the — day of , next, at — 

o'clock in the norm, and the town-house in said town, as the time and place for 

drawing one grand jnror and two petit jurors [or such other number as the venire re- 
quires] to serve as such, at the supreme court to be holden at , in said county, on 

the Tuesday of next. 

Witness my hand at said , this — day of , 18—. 

, Town Clerk. 

(b) This is to be posted, and upon the day appointed a certificate of service entered 
upon it, which may be as follows : 

A , 18—. I certiiy that on the — day of , 18—, I posted up the within notice 

at , a public place in said town, and on the same day I left a like notice at the 

dwelling-houses of , , respectively, selectmen of said town [or, 

if such was the fact, " I gave to , , selectmen of said town, per- 
sonal notice of the time and place and purpose within mentioned "]. 

, Town Clerk. 

10. Drawing. At the time and place so appointed, the 
town-clerk, in presence of the selectmen, whose duty it shall 
be to attend, and of such other persons as choose to attend, 
shall draw from the box, so holden that the papers therein 
cannot be seen, the names of so many persons as are required 
by the venire. — Id., s. 10. 

11. By selectmen. In the absence of the clerk, one of 
the selectmen shall draw the names. — Id. 

12. Death, insanity, or sickness. If any person 
whose name is so drawn is dead, insane, or disabled by sick- 



128 DRAWING JURORS. 

ness, or lias removed from town, the town-clerk shall certify 
the fact on the venire and draw another name. — Id., s. 11. 

13. Two years' exemption. — The persons whose names 
are so drawn shall be returned as jurors, and their names 
shall not be again placed in such box within two years. — 
Id., s. 12. 

14. Record of drawing. The town-clerk shall record 
the notice posted by him as aforesaid, the names of the se- 
lectmen present, and of the persons drawn as jurors. — Id., 
s. 13. 

(a) He should also record the certificate of service, and attest the record of each, as 
in case of a warrant for town-meeting {ante p. 77, s. 1), and under this attestation make 
a record of the drawing, as follows: 

At the time and place appointed in the foregoing notice, , , select- 
men of the said town of , were present, and in the presence of the said selectmen, 

and of such other persons as chose to attend, the following persons were hy me drawn 
to serve as jurors at the court aforesai i, viz. : 

, grand juror. 

, as petit juror for the first week. 

, as petit juror for the second week. 

A true record. 

Attest : , Town Clerk of . 

15. Notice to juror. A notice in writing of his selec- 
tion as a juror, of the court he is to attend, and the day and 
hour he is to appear, shall be given to each juror, or left at 
his abode, four days at least before the sitting of the court, 
by the town-clerk, a constable, or one of the selectmen. — 
Id., s. 14. 

Notices to the jurors may be as follows: 
To , of , in the county of : 

You are hereby notified that you have been duly selected as a petit juror from said 

town, to attend at the supreme court to be holden at , in said county, on the 

Tuesday of next, and that you are required to appear at said court on the day 

of next, at — o'clock in the forenoon. 

Witness my hand at said , this — day of , 18—. 

, Town Clerk. 

To , of , in the county of .- 

You are hereby notified that you have been duly selected as a grand juror from said 

town, to attend at the supreme court to be holden at , in said county, on the 

Tuesday of next, and that you are required to appear at said court at — o'clock in 

the forenoon of that day. 

Witness my hand at said , this — day of , 18. 

, Town Clerk. 



DRAWING JURORS. 129 

16. Return OF notice. The town-clerk shall certify 
upon the venire the names of the persons so drawn, and that 
they have been notified as aforesaid, and cause such venire 
to be returned to the clerk of the court at the hour at which 
the juror is required to attend. — Id., s. 15. 

The form of such return may be as follows: 

A , 18 — . I hereby certify that the following persons were, on the — day of 

last, duly drawn as jurors, f< r the court within mentioned, and that said persons were 

on the — day of , 18 — , duly notified by me, by written notices left at their several 

places of abode, of their selection as such jurors, and of the day and hour when they 
must appear at said court, viz.,— 

, as grand jurors to attend said court on the Tuesd y of , 18 — , at 

— o'clock in the forenoon ; , as petit jurors to attend said court on the 

day of next, at — o'clock in the forenoon. 

) Town Clerk 
, ) of 



17. Drawing while court is in session. While the 
court is in session venires may be issued, and notice of the 
time and place of drawing given, and the jurors drawn and 
forthwith notified ; and the jurors so drawn and notified 
shall attend the court as directed in the venire. — Id., s. 16. 

18. Penalties for neglect. If any clerk, sheriff, or 
town-clerk neglects to perform any of the duties enjoined by 
this chapter, he shall be fined by the court twenty dollars. — 
Id., s. 17. 

19. Against jurors. If any person selected as a juror, 
and duly notified to attend, neglects, without sufficient 
cause, to attend agreeably to such notice, he shall be fined 
by the court not exceeding twenty dollars. — Id., s. 18. 

20. Against selectmen. If any selectman wilfully 
neglects to perform any duty required by this chapter, or 
puts upon the list a greater number of names than is allowed 
by law, or the name of any person at his own request or on 
the request of any other person, or unlawfully withdraws 
from the box the name of any person upon the list, or is 
guilty of any fraud or collusion with respect to the drawing 
of jurors, he shall be fined fifty dollars for each offence. — 
Id., s. 19. 

6* 



130 FENCES AND COMMON FIELDS. 

21. Against clerks. If any town-clerk draws from the 
box a greater number of names than are mentioned in the 
venire, except in cases provided, or unlawfully puts, or suf- 
fers to be put, into said box any name after the same is 
delivered to him as aforesaid, or is guilty of any fraud or 
collusion in respect to the drawing of jurors, he shall be 
fined fifty dollars. — Id., s. 20; see s. 18 ante. 

22. Against sheriff, see s. 18. 

23. Trustee process. No county shall be chargeable 
in any suit on account of the pay of jurors, or the fees of 
witnesses. Laws of 1879, c. 57, s. 33. 



CHAPTER XXIII. 

FENCES AND COMMON FIELDS. 

1. Adjoining owners to fence. The owners of ad- 
joining lands under improvement shall build and repair the 
partition fence between them in equal shares. — G. L., c. 142, 
s. 1. 

(a) An occupant of land, who is bound to maintain a fence between his own and an 
adjoining enclosure, may place half of it, of reasonable dimensions, on the land of the 
adjoining owner ; and he may cut half of a ditch on the land of such owner, when a 
ditch is proper for a partition fence.— 2 Met. 180. 

2. Division by agreement. Any division of such fence, 
made by the parties in writing, and recorded in the town 
records, shall be binding upon the parties and all succeeding 
owners and occupants of the land. — Id., s. 2. 

(a) The form of a division by agreement may be as follows: 

This agreement between and , of , witnesseth: 

Whereas the said parties are owners of adjoining lands under improvement, situate 

in said , it is agreed to make division of the fence on the line between said parties 

as follows, viz.,— The northern half of said fence, beginning at a cedar post (1) at the 

north-east corner of the land of said , and ending at a stone post on the line 

between said parties north-westerly of said cedar post, shall be built and kept in 

repair by said , and the southerly half, beginning at said stone post and ending at 



FENCES AND COMMON FIELDS. 131 

a cedar post at the north-west corner of the land of said , shall be built and kept 

in repair by the said . 

Witness our hands this day of , 18—. 



Certificate of record as in s. 5, p. 104 ante. 

(1) The points of beginning and ending should be permanent monuments, easily dis- 
tinguishable. 

3. Twenty years usee. Such division may be estab- 
lished by usage (1) and acquiescence of the parties, and 
those under whom they claim, for twenty years. — Id., s. 3 ; 
Laws of 1862, c. 2614." 

(1) Glid den v. Towle, 81 R. 147, contra, was decided before this provision of the stat- 
ute. The twenty years must have elapsed since the Act of 1862. Chase v. Jefts, 58 K. 
43. 

(a) By parol. A parol division executed by the parties cannot be revoked even with- 
in twenty years, except by the consent of both parties, or by application to the fence- 
viewers.— 11 R. 241; Digest, p. 374, ss. 13, 14. 

4. Fence- viewers may divide. If the parties do not 
agree upon a division, the fence-viewers, upon application, 
shall made such division, which being recorded in the town 
records shall be of the same force as a division made by the 
parties, and a copy of such record shall be evidence. — Id., 
s.4. 

(a) A majority of the board may act— G. L., p. 44, c. 1, s. 14, 31 R. 165, Digest, p. 374, 
s. 26; and if any one is interested or disqualified, the selectmen may appoint as upon a 
vacancy.— 51 R. 316; ante p. 120, s. 8. 

(b) The legal construction of the statute is, that the line on which the fence is to be 
maintained may be divided, and this whether there is or is not a fence at the time of 
the application. Chase v. Jefts, 58 R. 282. 

If a part of a continuous line has been divided, the fence-viewers may divide the res- 
idue; but if the whole is undivided, they cannot ordinarily divide a part only against 
an objection of the other party upon that ground, taken at the hearing. If a part has 
been divided, they cannot, against such objection, disregard it and make a division of 
the whole. See 11 Cushing 450; 13 Maine 424. But a parol division, followed by 
an occupation short of twenty years, will not affect their jurisdiction. — 11 R. 241; Di- 
gest, 374, ss. 13, 14; see Cate v. Gate, 50 R. 134. 

5. Application and orders thereon. 

To the Fence- Viewers of the town of : 

, of said town, represents that himself and 



, of said town, are adjoining owners of lands in said 

town under improvement, and that the partition fence be- 
tween them is undivided, and they do not agree upon a 



132 FENCES AND COMMON FIELDS. 

division [and there is no sufficient fence (1) upon the line 
between said lands] ; wherefore he requests you to make a 
division of such fence, (2) and affix a time for building and 
repairing the same. 

Dated at said — , this day of — , 18 — . 

Order of notice and return as in s. 9, p. 121. 

(1) If there is no sufficient fence upon the line, the application may embrace the 
division of the fence, its sufficiency, and the time of building or repairing it.— 44 R. 458, 
Digest, p. 374, ss. 22, 23. 

(2) It is not deemed expedient to include more than one fence in the same applica- 
tion, though this has been held admissible.— 31 R. 147; Digest, p. 374, s. 24. 

6. Finding. The final order, after proceeding as in (a), 
s. 13, p. 125 ante, to the word oath, may be, — 

We find that the said and are owners of 

adjoining lands in said town of under improvement, 

the partition fence between them is undivided, they do not 
agree upon a division, and there is no sufficient fence upon 
the line between their said lands ; and we therefore make a 
division fence between them as follows : That part of said 
partition fence beginning at a cedar post in the line between 
said lands at the north-east corner of the land of the said 

, and ending at a stone post in the line between said 

lands, shall be built and kept in repair by the said ; 



and that part of said fence beginning at said stone post, and 

ending at a tree at the south-west corner of the land 

of said , in the line between said lands, shall be built 

and kept in repair by said . We also hereby give 

notice to the parties to build and repair the fence assigned 

to each respectively, within days from the date hereof. 

Our fees are dollars. 

Given under our hands this day of -, 18 — . 

) Fence Viewers 
> of 



M , ss., , 18 — . Then appeared and , 

fence-viewers of the town of , and made oath that 



FENCES AND COMMON FIELDS. 133 

in the proceedings and division aforesaid they have acted 
impartially, uprightly, and to the best of their judgment. 
Before me, 

Justice of the Peace. 

Notice to the parties, as in s. 9, p. 121. 
Record by town-clerk, as ante p. 104, s. 5 (d). 

7. Legal fence, what is. All fences four feet high 
and in good repair, consisting of rail, timber, boards, or 
stone wall, and all brooks, rivers, ponds, creeks, ditches, 
hedges, and other things deemed by the fence-viewers to be 
equivalent thereto, shall, be accounted legal and sufficient 
fences. — G. L., c. 142, s. 5. 

8. Repairs ordered. The fence-viewers, upon appli- 
cation (1) of either party, shall view any fence alleged to 
be insufficient, and if they judge it to be so, shall give notice 
to the delinquent party to build or repair the same within a 
time by them limited. — Id., s. 6. 

(1) If the fence has not been divided, the application may be as in s. 5 ante. 

(a) The proceedings where a division has already been made, and the fence is com- 
plained of as insufficient, may be as follows: 
To the Fence-Viewers of the town of : 

A B represents that a legal division has heretofore been made of the partition fence 
between the improved lands in said town owned by him and C D respectively, both of 

said town, the part thereof beginning at and ending at , to be built and kept in 

repair by said A B; and the part beginning at and ending at , to be built and 

kept in repair by said C D. (1) Yet the said C D has wrongfully neglected to build and 

keep in repair the fence beginning at and eudiug at , and there is no sufficient 

fence upon that part of the line between said lands: wherefore the said A B requests 
you to order the s >id C D to build and put in repair a sufficient fence upon his part of 
said line within such time as you shall deem reasonable. 

Dated at said , this day of , 18—. 

AB. 

Order of notice, service and return as ante p. 121, s. 9. 

(1) This may be stated though the division was made between prior owners, for such 
is the legal effect. 

Final order, after proceeding, as in (a) s 13, p. 125 ante, to the word oath, may be,— 

And having viewed the fence alleged to be insufficient, we find tint a legal division 
has heretofore beeu made of the partition fence between the improved lands in said 
town, A B and C D, as stated in said petition, and that said C D has wrongfully n°g- 

lected to build and keep in rep ar that part of said fence beginning at and ending 

at , and there is no sufficient fence upon that part of the line between said lands; 

we therefore hereby give notice to the said C D to build ai.d put in repair a sufficient 
fence upon that part of said l.ne within — days from the date hereof. Our fees are 
dollars. 

Given, etc., as'in s. 6 ante. 



134 FENCES AND COMMON FIELDS. 

9. Appraisal. If the party so notified shall not build 
or repair such fence within said time, the owner of the ad- 
joining land may build or repair (1) the same ; and the 
fence-viewers, upon application, shall view the fence so built 
or repaired, and if they judge the same and the residue of 
the fence between the same owners upon the same tract of 
land to be sufficient, they shall appraise the fence so built 
or repaired. — G. L., c. 142, ss. 7, 8. 

(1) This is perhaps his only remedy for indirect injury from the neglect.— 50 R. 144. 

(a) The form of such application may be as follows : 
To the Fence- Viewers of the town of : 

A B, of said town, represents that on the day of last, upon the application of 

said A B, C D of said town was duly notified by the fence-viewers of said town to bu'ld 
and put in repair a sufficient fence on that part of the line between the improved lands 

of said parties, in said t wn, beginning at and ending at , within days from 

the said day of . Yet the said C D did not build and put in repair a sufficient 

fence as so directed, and the said A B being the owner of the adjoining land, after the 
expiration of said time built and put in repair such fence, which fence and residue of 
the fence between the same owners of the same tracts of land are now sufficient; 
wherefore he requests you to view said fence and repairs so made by him, and ap- 
praise the same. 

Dated at said , this day of , 18—. 

Order of notice, service and return, as in s. 9, p. 121 ante. 

The final order, after proceeding as in (a) s. 13, p. 125 ante, to the word oath, may be : 

We find that said C D was duly ordered to build and put in repair a sufficient fence 
on that part of the line between the improved lands of said A. B and C D, in said town, 

beginning at and ending at , within days from the said day of -, 

and that the said C D did not build and put in repair a sufficient fence as so directed, 
and the said A B being the owner of the adjoining land, after the expiration of said 

days, built and put in repair such fence, which we have viewed, and which, with 

the residue of the fence between the same owners upon the same tracts of land, we 
find and adju !ge to be sufficient; and we appraisa sa ; d fence so built and repaired (1) 

by the said A B, at the sum of dollars and cents. Our fees for making said 

appraisal are dollars. 

Given, etc., as in s. 6. 

(1) Not the value of the entire fence, unless he has built the whole, but only the just 
value of his labor and materials, is to be allowed him. — See 51 R. 316; 50 R. 134. 

10. Double value and costs. The person so building 
or repairing may demand and recover double the said ap- 
praised value thereof of the delinquent party, with costs of 
suit, in an action of assumpsit (1) for labor and materials. — 
Id., s. 9. 

(1) See 51 R. 316; 50 R. 134. 






FENCES AND COMMON FIELDS. 135 

11. Subsequent improvement. The owner of im- 
proved land adjoining unimproved land of another, having 
erected a division fence, may demand and recover of the 
owner of such adjoining land, when he begins to improve (1) 
the same, the value of snch part of the fence as upon a 
division then or previously made it was his duty to build ; 
and, in case, after a division of fence made or established 
between adjoining owners, a new division for any cause shall 
be made necessary, then either party, who has maintained 
any part of the fence under the former division, may demand 
and recover of the owner of the adjoining land, at the time 
of such new division, the value of such part of said fence as 
may be assigned to him on said new division. — G. L., c. 142, 
s. 10. 

(1) Whether he will be liable if he has ceased to improve at the time of the hearing- 
see s. 12 post, and 1 Cush. 11, 15; 50 R. 134. 

Woodland used as part of the owner's pasture is land under improvement. Piper v. 
Piper, 60 R. 98. What is such land, is a mixed question of law and fact ; if so used as 
to produce an income, it is under improvement. Chase v. Jefts, 58 R. 282. 

(a) The demand may be as follows : 
To W. C.,rf ; 

You are requested to pay me the value of such part of the division fence between our 
lands, in said town, heretofore erected by me, as upon a division of said fence it was 
your duty to build. I estimate such value at dollars. 

Dated at said , this — day of , 18—. . 

(b) An application/or an appraisal, and a division, if none has b'een made, may be 
as follows : 

To the Fence-Viewers of the town of : 

J C, of said town, rei resents that he has owned and improved a tract of land in said 
town, a 1 1 joining; unimproved land in said town, owned by W C of said town, and has 

erected a division fence between said lands, beginning at and ending at . 

The said W C has begun to improve his land since the erection of such fence by said 
J C, and said parties do not agree what is the value of that part of said fence which it 
was upon division the duty of said W C to build, nor upon a division of said fence. 
Wherefore the said J C requests you to make division of said fence, and to appraise 
such part of said fence as upon division it was the duty of said W C to build. 

Dated at said , this — day of , 18—. 

Order of notice, service and return as in s. 9, p. 121 ante. 

(c) The final order, after proceeding as in (a) s. 13, p. 125 ante, to the word oath, 
may be, — 

We find that said tracts of land have been owned and improved, and a division fence 
erected as stated in said petition, and that said parlies have not agreed what is the 
value of that part of said fence that upon a division of said fence it was the duty of 
said W C to build, nor upon a division of said fence. We therefore make a division of 

said fence as follows: That part thereof beginning at and ending at , shall 

be built and kept in repair by said J C, and that part thereof beginning at and 



136 FENCES AND COMMON FIELDS. 

ending at shall be built and kept in repair by said W C ; and we appraise such 

part of said fence as upon division it was the duty of said W C to build, being the part 

beginning at and ending at , at the sum of dollars. Our fees are 

dollars. 

Given, etc., etc., as in s. 6. 

12. Ceasing to improve. When the owner of land 
ceases to improve the same, (1) or lays it in common, he 
shall not remove his part of the partition fence, but is not 
bound to repair it so long as said land remains unimproved 
or in common. — Id., s. 12. 

(1) The same exemption exists as to a part that he ceases to improve, but in such a 
case the other owner may have a new division of the residue that is improved.— Jones 
v. Perry, 50 R. 134. 

(a) The duty of maintaining partition fences does not extend to the owners of public 
buildings erected on lands laid open to public use; it is otherwise of the owners of 
private buildings.— 43 R. 260; Digest, pp. 373-4, ss. 6, 7. 

13. Damages from neglect. The party neglecting to 
build or keep in repair any partition fence which he is 
bound to maintain is liable for damages arising from such 
neglect, and shall have no remedy for damages happening 
to himself therefrom. — Id., s. 13. 

(a) This has reference only to the owner or occupant of the adjoining land, or to cat- 
tle rightfully upon such land.— See Digest, 373, 1; p. 414, XV; 50 R. 134. 

14. Written notice and decision. The fence-view- 
ers shall give notice (1) in writing to the other party inter- 
ested therein of every application, and of the time and 
place for considering the' same ; shall hear the parties, if 
they attend, and their evidence ; shall make their decision 
in writing, (2) and cause a copy thereof to be given to each 
of the parties within one week. — Id., s. 14. 

(1) See ante p. 121, s. 9, for form of notice. 

(2) A failure to furnish a copy as here directed may render the fence-viewers liable, 
but will not invalidate their proceedings.— 26 R. 138; Digest, p. 374, s. 30. 

15. Fees and remedy eor. The fence-viewers shall be 
paid each two dollars per day for his services, by the party 
making the application, who may recover one half thereof 
of the other party, unless the fence-viewers otherwise appor- 
tion the costs ; but in case of neglect by such other party to 



FENCES AND COMMON FIELDS. 137 

make or repair the part of the fence which he is bound to 
maintain, the whole costs may be recovered of him. — Id., 
s. 15. 

(a) There can be no recovery of the other party unless the proceedings were legal. — 
44 R. 461; Digest, p. 374, s. 28. 

(b) It is not necessary to specify the items of the fees in the report. — 26 R. 132; Digest, 
p. 374, s. 31. 

(c) A demand before suit is necessary.— 31 R. 147; Digest, p. 375, s. 33. 

16. Several subjects in one application. Every 
application to the fence-viewers shall be in writing, and one 
application may embrace so many subjects as from the na- 
ture of the case may be acted upon at one meeting. — Id., s. 
16. 

Note.— See note (1) s. 5 ante. 

IT. Decision conclusive. The decision of the fence- 
viewers, upon their being sworn that they have acted impar- 
tially, uprightly, and to the best of their judgment, shall be 
final and conclusive upon the parties. — Id., s. IT. 

(a) They are bound to keep upon the true line; but a mere dispute about the line will 
not deprive them of jurisdiction —24 R. 164; Digest, p. 374, ss. 19-21 (b) post. 

(b) The oath here required is in addition to the oath of office, and should be taken 
after the division. As a majority of the board is competent to act, the neglect of one 
of the board to take this oath will not invalidate the proceedings. An exception that 
the oath of office has not been taken, if not taken at the hearing, is waived. — 26 R. 132; 
Digest, p. 374, s. 17; 51 R. 316. And so an objection that the fence is not on the true 
line is one that may be waived by neglecting to insist upon it at the proper time. — 
Piper v. Piper, 60 R. 98. 

18. Town line, fence on. If the fence in controversy 
is situate on the line of two towns, the application shall be 
made to the fence-viewers of the town in which the parties 
reside : if they reside in different towns, (1) to the fence- 
viewers of that town in which the applicant does not reside. 
—Id., s. 18. 

(1) In such case a record should be made in each town by the clerk thereof. 

19. Occupant, owner. The actual occupant of any 
land shall be deemed the owner (1) thereof for any of the 
purposes of this chapter. — Id., s. 19. 

(1) The real owner should be admitted to defend.— Digest, p. 551, s. 74. 



138 FENCES AND COMMON FIELDS. 

20. Neglect of official duty. Any fence-viewer 
neglecting without sufficient cause to attend and perform 
any official duty shall forfeit six dollars to the person suing 
therefor.— Id., s. 20. 

21. Common lands, owners of. When several owners 
of land agree to improve the same in one common field, any 
justice, on application of two or more owners, may call a 
meeting of such owners, and the majority of them when met 
may determine in what manner the same shall be fenced. — 
Id., s. 21. 

22. May assign share of fence. They may assign 
to each owner the share of fence to be erected and main- 
tained by him ; and such assignment being recorded in the 
town records, every such owner, and all succeeding occupants 
of his land, shall be liable in relation thereto as if the same 
were a partition fence of his own land. — Id., s. 22. 

23. And tax for, fencing. Such owners may adopt 
by-laws for building and maintaining their common fence 
by a tax, and their officers, chosen in conformity to such 
by-laws, may assess and collect such taxes. — Id., s. 23. 

24. Renewal of bounds. Owners of adjoining improved 
lands, where there is no partition fence, shall, once in every 
five years, run the lines and renew the bounds between them ; 
and any such owner neglecting without sufficient excuse to 
attend and renew the bounds, upon six days' previous notice 
given by any other such owner, shall forfeit five dollars to 
the owner giving the notice. — Id., s. 24. 



CHAPTER XXIV. 

STRAYS AND LOST GOODS. 



1. Notice of finding. The person finding any money 
or goods, or finding and taking up any stray beast, the 
owner of which is unknown (1), shall give to the town-clerk 



STRAYS AND LOST GOODS. 139 

a notice in writing, describing the money, goods, or beast, 
within six days after so finding and taking up of the same. 
— G. L., c. 144, s. 1. 

(1) The statute does not apply if the owner is known.— 18 R. 119; Digest, p. 375. 

The duties of a finder of property, who takes the same into his possession, are, ex- 
cepting where varied by statute, precisely those of a depositary, and he will be liable 
if the property is lost by his gross negligence. — 27 R. 86, 90; Digest, p. 91, ss. 20, 21. 

Where a person takes an estray to keep it for the owner, but neglects to pursue the 
course prescribed by the statute, he is nevertheless not liable to an action of trover, 
unless he uses the estray, or refuses to deliver upon demand. — 4 Pick. 249. 

(a) The form of the notice may be, — 
To the Town CUrk of the town of : 

You are hereby notified that on the — day of , instant, I found going at large, 

without any keeper, in the highway in said town, [or, "I found doing damage in my 
inclosure in said town,"] one stray [here describe the animal with any particular 
marks] the owner of which is unknown, and took up the same. 

Dated at said , this — day of , 18—. 

2. To be recorded. The town-clerk shall record (1) 
such notice in a book to be kept by him for that purpose. — 
Id., s. 2. 

(1) Form of record, see ante p. 104, s. 5. 

3. Posting notice. The finder of such property shall, 
within six days after finding or taking up the same, post a 
notice, describing the money, goods, or beast, at two public 
places (1) in the town where the same was found, and, if 
the value thereof exceeds five dollars, at some public place 
in each of two adjoining towns, or cause a copy of such 
notice to be published. (2) — Id., s. 3. 

(1) Meaning of public place, see ante p. 46, s. 13 (c). 

(2) Published, meaning of, see ante p. 4, s. 30. 
The form of the notice may be, — 

STRAY. 
Notice is hereby given that, etc. [as in ante, s. 1 (a)]. 

4. Appraisal. If no owner appears within one month 
after notice given as aforesaid, the finder shall apply to a 
justice, who shall appoint three persons to appraise such 
property, unless the same is money. — Id., s. 10. 

(a) It has been held under a similar statute that a verbal application is sufficient (4 
Pick. 257), but it is not advisable, to say the least. The form of application, and appoint- 
ment thereon, may be, — 



140 STRAYS AND LOST GOODS. 

To , a Justice of the Peace in and foi- the county of : 

The undersigned represents that on the — day of last, he found etc., [as in (a), s. 

1 anW\, and afterwards on the — day of last, within six days after said finding and 

taking, he gave a notice in writing thereof to the town-clerk of said town, describing the 

said , and on the — day of last, and within said six days, he posted a like notice 

at , and at , two public places in said town; but no owner of said has 

appeared, although one month from the time of giving said notice has now elapsed; 
wherefore he prays said justice to appoint three persons to appraise the said . 

Dated at said , this — day of , 18—. 

(b) To of in the county of : 

Pursuant to the foregoing application you are hereby appointed to appraise the , 

in said application mentioned, and make return to me of your appraisal. 

Given under my hand at — , in said county, this — day of , 18—. 

, Justice of the Peace. 

(c) , ss. , 18—. Then appeared the above named , and made oath that 

they would faithfully discharge their duty as appraisers of the , mentioned in the 

foregoing warrant. Before me, 

, Justice of the Peace. 

(d) Pursuant to the foregoing appointment we have carefully examined the , in 

said warrant mentioned, and do upon oath appraise the value of the same at dol- 
lars, and no more. 

Witness our hands this day of , 18—. 

Appraisers. 



5. Appbaisebs' duties. The appraisers shall be sworn 
by the justice to the faithful discharge of their duty, shall 
appraise the property, and make a return (1) of their ap- 
praisal to the justice. — Id., s. 5. 

(1) Form of return, ante s. 4 (d). 

6. Keeping one yeae. If the owner of such property 
or beast does not appear and claim the same within one 
year after notice given to the town-clerk, the person finding 
or taking up the same may keep the property for his own 
use, upon paying to the town treasurer the residue of such 
money, or of the appraised value of such property or beast, 
after deducting the fees and expenses incurred. — Id., s. 6. 

7. Payment by owner. The owner, within one year, 
upon paying or tendering to the finder a reasonable sum for 
the keeping, charges, and fees incurred, shall be entitled to 
his property. — Id., s. 7. 

8. Amount may be determined. Any justice shall 
adjust and determine the amount of the fees and charges of 
the finder, clerk, appraisers, and justice, and the expense of 



STRAYS AND LOST GOODS. 141 

keeping, on application (1) of any person interested. — Id., 

s. 8. 

(1) It is better that the application be in writing: 
To , a Justice of the Peace for the county of : 



A horse belonging to the undersigned having been taken up as an estray by one , 

and the parties not agreeing what fees and charges shall be paid to the said for 

the release of said animal, you are hereby requested to adjust and determine the 
amount of the fees and charges, as provided by section 8 of chapter 144 of Gen. Laws. 

If there is a voluntary appearance of the parties interested, no notice will be neces- 
sary; otherwise, there must be notice in the usual way by giving a copy to the par- 
ties interested. The expense attending such a notice makes such application inexpe- 
dient, unless the amount in dispute is considerable. A tender of a sufficient, reason- 
able sum will entitle the owner to his property without an application to a justice. 

9. Owner liable if animal dies. The owner of 
any stray beast shall be liable to the person taking up the 
same, for such fees, charges, and expenses, in case the beast 
dies without the fault or negligence of the finder. — Id., s. 9. 

10. Neglect to give notice. Any person finding any 
property, or taking up any stray beast, and neglecting to 
give notice to the town-clerk, or to post notices as aforesaid, 
or to cause such appraisal to be made, shall receive nothing 
for his services or expenses, and forfeit a sum equal to 
double the value of the property found, or beast taken up. 
—Id, s. 10. 

11. Not recording or destroying. If any town-clerk 
shall omit to record any notice as aforesaid, or if any person 
shall pull down or destroy any notice so posted till the pur- 
pose thereof is answered, he shall forfeit the sum of thirty 
dollars. — Id., s. 11. 

12. April to November. No beast, except horses and 
mules, shall be taken up as a stray, from the first day of 
April to the first day of November, unless the same shall be 
found doing damage in some inclosure. — Id, s. 12. 

13. Fees. The fees for notifying the clerk shall be 
twenty-five cents; for each advertisement, twenty-five cents; 
for recording the notice, ten cents ; for appointing apprais- 
ers, twenty-five cents; for receiving and recording the ap- 
praisal, twenty-five cents ; for adjusting the charges and 
expenses, twenty-five cents. — Id, s. 13. 



142 IMPOUNDING. 

CHAPTER XXV. 

IMPOUNDING. 

1. Who may impound. Any person may impound (1) 
swine, neat cattle, horses, sheep, or other creatures doing 
damage in his inclosure, or any such creature going at large 
in any highway or common, in violation of any law, or of 
any by-law of the town. And it shall be lawful to impound 
any creature named in this chapter, and for the causes, and 
in the manner, and upon the conditions herein specified, on 
Sunday, any law or usage to the contrary notwithstanding. 
— G. L., c. 143, s. 1. 

(1) If a man finds stray cattle in his field, he is not bound to impound them, or re- 
tain them, for the owner, hut may drive them off into the highway without being 
guilty of a conversion.— 6 R. 213; Digest, p. 616, s. 95; 18 Pick. 227. 

But if he drive them an unreasonable distance, he will be a trespasser from the be- 
ginning.— 8 R. 404; Digest, p. 616, s. 96. It has been held that the taking up must be 
before the cattle have left the inclosure (31 Vt. 690); but if so soon after as to be a 
part of the same transaction, it may be sufficient. 

He may employ others to drive them.— 18 Maine 247; 17 do. 187; 12 Met. 198. 

The driving to the pound must be in a reasonable time. What time is reasonable, is 
to be determined by those who try the case— 45 R. 472, Digest, p. 548, s. 8; and there 
must be no unreasonable delay on his part in complying with all the requirements of 
the statute, or the statute will afford him no protection.— Id. ; 44 R. 211 ; Digest, p. 548, 
s. 15 ; 21 Piok. 55; 28 Maine 481. 

(2) The party cannot impound for nominal damages, and if the appraisers return 
that there was no damage, he will be liable in replevin to the owner.— 33 R. 318 ; Digest, 
p. 547, s. 7; 17 Maine 178. 

In the eye of the law, every man's land is enclosed, though not surrounded by any 
visible and material fence.— 45 R. 472; Digest, p. 548, s. 9. But a party through whose 
fault the cattle of an adjoining owner came upon his land by reason of an insufficient 
division fence, cannot distrain them.— Id. ; Digest, p. 12 (d) ; 13 R. 399; 14 Maine 419. 

(3) A turnpike is a highway within the meaning of the statute.— 4 Pick. 258; 12 Met. 
198. 

A man driving cattle along a public highway must use ordinary care and diligence 
to prevent their going upon the adjoining land, and in bringing them back into the 
highway; and if he do so the owner of the land has no ground of complaint.— 4 R. 514; 
4 Hurlstone and Norman, Exch. Rep. 631 ; 20 U. S. Digest, p. 518, ss. 14, 15. 

A vote of the town to restrain cattle is binding upon persons, not inhabitants. — 4 
Pick. 257. 

Cattle are " going at large," although feeding upon the side of the road adjoining 
land of their owner, if not in charge of a keeper.— 1 Allen 270; and see 4 Gray 345. 

And so, although they may have been intrusted by their owner to a servant, with 
other cattle, to be driven to pasture, ami have only left the drove a mile before reach- 
ing the pasture, and there remain feeding, and the servant returns in less than an hour 
to the place where he lost them.— 4 Gray 345. 






IMPOUNDING. 143 

Lands lying in common and undivided, are not a " common " within the meaning of 
the statute.— 16 Vt. 677. 

2. Place of impounding. Such creatures shall be im- 
pounded in the public pound (1), if there is any in the 
town ; otherwise, in the barn or inclosure of the person tak- 
ing them up. — Id., s. 2. 

(1) If a pound-keeper drive from the pound to his barn or pasture creatures which 
have been legally impounded, although for the purpose of more conveniently furnish- 
ing them with food and drink, he thereby loses his legal control over them (21 R. 448) ; 
and thereupon replevin may be maintained against the pound-keeper (21 R. 448), and 
trespass against the party impounding, if he has them sold.— 44 R. 211; Digest, p. 547, ss. 
2,3. 

A person cannot impound cattle by turning them into his barnyard, and then turn- 
ing them out to graze in inclosed fields near the yard in the daytime, and at night con- 
fining them again in the yard.— 36 Vt. 341. 

A pound-keeper may lawfully impound beasts which have been distrained damage- 
feasant in a yard furnished and used by the town as a town pound, if the town have 
furnished and used no other place as a pound, although the inhabitants of the town 
have passed no vote concerning the same, and taken no action at any town-meeting for 
the purpose of establishing it as a pound.— 6 Allen 407 ; but see 1 Rhode Island 219 ; 11 
U. S. Digest, p. 264, s. 3. 

(a) Replevin cannot be maintained against a pound-keeper, so long as he retains the 
creatures impounded within the custody of the law.— 21 R. 448; Digest, p. 547, s. 4; 5 
Cush. 263. 

3. Estimate of damages. The person so impounding 
shall leave (1) with the pound-keeper, in writing, an estimate 
of the damage done by such creatures, or of the penalty in- 
curred by the owner, and the amount of the fees and 
charges incurred. — Id., s. 3. 

(1) The estimate of damages need not be left with the pound-keeper at the time of the 
impounding. It is sufficient if left with him within a reasonable time afterwards.— 39 
R. 475; Digest, p. 548, s. 10. Neglect to leave it will make the party a trespasser from 
the beginning.— 13 Met. R. 407; 10 Allen 544. 

The estimate should be signed by the person impounding by himself or agent, and be 
in his name.— 18 Maine 247; 17 to. 187; 12 Met. 198. And it determines who is the 
person impounding— Id. 

If taken for being at large in a highway in violation of some law or by-law, no esti- 
mate of damages is required (23 Pick. 251, 12 Met. 198); but, instead, a statement of the 
penalty incurred (17 Maine 239); and a statement in the certificate, that "the owner or 
owners are requested to pay the forfeiture and costs," is not a compliance with the 
statute (17 Maine 239). 

4. Notice to owner. He shall, within twenty-four 
hours from the time of impounding, cause a notice (1) in 
writing, describing the creatures impounded, stating his es- 
timate of the damage done, and the time when and the 



144 IMPOUNDING. 

place where the same was done, or the penalty incurred, the 
amount of fees and charges then incurred, and the place of 
impounding, to be delivered to or left at the abode of the 
owner or person who last had them in his keeping, if known. 
—Id., s. 4. 

(1) For forms, see ss. 24, 25. 

A neglect to give such notice will render the subsequent proceedings illegal, and by 
some decisions will make the party a trespasser from the beginning.— 9 R. 292; Digest, 
p. 548, ss. 11, 12; 21 Pick. 55; 13 Met. 407; 10 Allen 544; 18 Maine 247; 17 do. 187; 7 
Cush. 355. Contra, as to the prior proceedings, see 36 Vt. 341. Actual knowledge by 
the owners of the beasts, of the impounding, is not equivalent to the written notice re- 
quired.— 7 Cush. 355; 17 Maine 239. 

If the owner of cattle replevy them within twenty-four hours after they have been 
impounded for running at large, he cannot afterwards object that no notice of such 
impounding was given him.— 23 Pick. 251 ; 12 Met. 118; 2 Gray 179. But he doe9 not 
waive his right by paying the fees and charges of the impounder and pound-keepers; 
nor by declaring to a third person, after the commencement of the action, that he 
should require the defendants to prove that the place where they took the beasts was a 
public highway. — 7 Cush. 355. 

5. Posting notice. If such owner or keeper is not 
known, the person impounding shall, within the same time, 
post a like notice in some public place (1) in the town and 
in two adjoining towns. — Id., s. 5. 

(1) For form, see s. 26 post. For meaning of " public place," see p. 46, s. 13 (c). 

6. Payment by owner. If the owner or person claim- 
ing such creatures pays the penalty or estimated damages 
and charges incurred to the person impounding or to the 
pound-keeper (1), the creatures impounded shall be forth- 
with discharged. — Id., s. 6. 

(1) A tender after the writ has been made and put into the hands of the officer for 
service is too late for that suit.— 27 R. 212; Digest, p. 547, s. 5. Payment no waiver, see 
ante s. 4 (1). 

7. Appraisers, appointment of. If the owner or per- 
son claiming such creatures neglects for the space of forty- 
eight hours, or refuses, to pay the damages estimated, either 
of said parties may apply to a justice, who shall notify the 
other party to appear at a time and place appointed, as early 
as practicable, and, after hearing the parties, shall appoint 
three disinterested persons to appraise such damages. — Id., 
s. 7. 



IMPOUNDING. 145 

(1) For forms, see ss. 27, 28, 29, post. 

(a) Though four days have elapsed, an application for an appraisal of the damage 
may be made without joining with it an application for a sale, and the application for 
a sale may be made afterwards.— 45 R. 472; Digest, p. 548, s. 13. 

(b) It is said by Bell, C. J., in 45 R. 475, that the statute imposes no further duty on 
the party distraining, than that of giving notice of the impounding. He has the option 
of proceeding, by appraisal or sale, to obtain payment of his damages, or, if no owner 
appears, he may take the creatures out of the pound, and proceed with them as strays. 
See s. 10 (1), and s. 13 post. 

It has been held that an irregular appraisal of damage does not prevent an impounder 
from detaining animals regularly impounded, for the legal charges and expenses, until 
they are paid or tendered.— 36 Vt. 341. 

8. Duties of appraisers. The appraisers shall notify 
the parties, and, as early as practicable, view the place 
where the damage is alleged to be done, hear the parties 
and their evidence, and report to the justice (1) whether 
any damage was done by such creatures at the time of 
their last being in such inclosure only, and the sum at 
which they estimate the same ; and such report, signed by 
a majority (2) of the appraisers under oath (3), shall be 
conclusive upon the parties. — Id., s. 8. 

(1) For forms, see ss. 30-37 post. 

The justice is the depositary of the report, and no notice of the time and place where 
the report will be delivered to him need be given to the parties.— 33 R. 318; Digest, p. 
548, s. 19. 

They are not limited to the amount of damage claimed by the owner of the close in 
his notice to the party; and they may allow for damage done by the cattle to personal 
property upon the premises. — 18 Pick. 422. 

(2) All must act, though a majority may decide. — 45 R. 472; Digest, p. 548. s. 14. 

(3) An objection that they were not sworn before issuing the notices was held waived 
in 45 R. 472, if not taken at the hearing. But the statute does not seem to require that 
they be sworn except to their return. The oath, if administered before, would be that 
they will faithfully and impartially discharge and perform their duty as appraisers, 
etc. See s. 31 post. 

9. Payment by owner of cattle. Upon payment 
of the damages so appraised and the charges incurred, with 
the fees of the justice and appraisers, to be assessed by the 
justice, such creatures shall be discharged from pound. — 
Id., s. 9. 

(1) It has been held that if the proceedings are regular upon their face, the pound- 
keeper, without such payment, is not liable to an action by the owner of the cattle, 
though there was, in fact, no cause for the taking.— 5 Cush. 263. 

10. Sale, application for. If such creatures remain 

7 



146 IMPOUNDING. 

in the pound four days after the day of notice given or post- 
ed as aforesaid, the person impounding (1) may apply to a 
justice for an appraisal of the damages, if no appraisal has 
been made, and for an order for the sale or appraisal of such 
creatures. — Id., s. 10. 

(1) For forms, see ss. 32-37 post. 

Mere delay of the party distraining, to obtain an order of sale, does not make him a 
wrong-doer ab initio. — 45 R. 472; Digest, p. 548, s. 16; see s. 1 (1), s. 7 (b). 

11. Order for a sale. The justice, after notice and 
hearing the parties, may order such creatures, or so many 
of them as may be necessary, to be sold at auction by the 
person impounding; and he shall give notice and proceed 
in such sale as sheriffs should do in sales upon execution ; 
or he may order (1) them to be appraised as the damages 
are required to be appraised, in which case the person 
impounding shall take them to his own use at the appraised 
value. — Id., s. 11. 

(1) For forms, see ss. 34-37 post. 

The judgment or decree of forfeiture by a justice of the peace should show that the 
prior proceedings had been such as to give him jurisdiction. — 17 Maine, 191; 44 R. 214. 
He has no jurisdiction if the pound-keeper had lost his legal control over the cattle. 
—44 R. 211; ante s. 2 (1); see 12 Cush. 98; 4 Gray 312. Notices for the sale should not 
be posted until a return of the appraisal of damages. — 21 Pick. 55. 

12. Overplus. After payment of the penalty, or dam- 
ages and costs, the overplus of such sale or appraisal shall 
be paid to the owner upon request. — Id., s. 12. 

13. Strays, after four days. If after four days no 
owner appears, or if after an appraisal or order of sale any 
of the creatures impounded remain unclaimed, the person 
impounding may take such creatures out of the pound and 
proceed with them (1) as strays.— Id., s. 13. 

(1) See ante p. 138, c. 24. 

14. Pounds maintained. Every town shall maintain a 
good and sufficient pound; and if any town neglects to 
maintain such pound, they shall forfeit thirty dollars for 
each year they shall be destitute thereof to the person who 
will sue therefor : provided, that any town in this state, at 



IMPOUNDING. 147 

any meeting duly called for that purpose, may .vote not to 
maintain a public pound in said town, and to dispose of any 
land held by them for that purpose. — Id., s. 14. 

(1) A town is liable for a neglect to keep a pound in repair, as well as for a neglect to 
build one.— 2 R, 105; 12 R. 266; Digest, p. 244, ss. 24-26. And it is not necessary that 
the year commence at any particular time.— Id. 

15. Pound-breach and rescue. Any person rescuing 
any creature from the possession of any other driving or 
about to drive the same to pound, or making any pound- 
breach, or in any way conveying or delivering any creature 
out of any pound without authority, shall be fined twenty 
dollars, or imprisoned not exceeding six weeks. — Id., s. 15. 

(a) The conveying away or setting at large cattle impounded is an essential part of 
the offence of pound breach; but the offence of conveying and delivering may perhaps 
be committed without pound breach ; as when one finds his cattle within the inclosure 
and the gate not yet closed.— 38 R. 543 ; Digest, p. 228, s. 168. 

To constitute the offence of rescue, under our statute, it must appear that the proper- 
ty was wrongfully taken from the party who had at the time the legal custody of it.— 
42 R. 469, 470; Digest, p. 228, s. 169; see 5 Pick. 514; 17 Mass. 342. 

An impounder of cattle has a right to use the same force to maintain his possession 
of them that a sheriff has to protect his possession of property taken by him on legal 
process.— 36 Vt. 341. 

After a cow legally impounded had been rescued, the owner of the cow met the per- 
sons by whom she had been released while they were engaged in driving her towards 
his house, with full knDwledge of the facts, and aided them in so driving her. Held, 
that he was liable for the breach of the pound.— 17 Pick. 415. 

16. Retaking. The pound-keeper or person impound- 
ing may retake, within six days, any creature conveyed or 
delivered out of the pound without authority, and again im- 
pound and detain the same until the damages and costs are 
paid, with the additional cost (1) of such retaking, or the 
same is otherwise legally released. — Id., s. 16. 

(1) Upon a recaption, after a pound-breach, the costs for recaption are the same as 
those upon the original impounding, and the defendant and the pound-keeper are lim- 
ited to the fees specified in ss. 19-21 post. 27 R. R. 212; Digest, p. 547, s. 6. 

A recaption does not purge the rescue.— 17 Mass. 342. 

17. Refusing to give up cattle. If any creature so 
illegally conveyed out of any pound is in any person's in- 
closure, and he refuses to deliver the same to the pound- 
keeper or person who first impounded the same, upon 



148 IMPOUNDING. 

demand, such refusal shall be sufficient evidence to convict 
such person of having released said creatures from the 
pound. — Id., s. 17. 

18. Sustenance of cattle. The pound-keeper, if 
there is any, otherwise the person impounding, shall cause 
the creatures impounded to be provided with suitable (1) 
food and drink, and upon neglect shall be liable to the own 
er for all damages arising therefrom. — Id., s. 18. 

(1) One who impounds cattle is bound to feed and water them as often as usage and 
good husbandry require. — 13 Pick. 384. As to place, see s. 2 (1) ante. 

A person who impounds a beast, taken damage-f easant, in a town pound, is not liable 
for any injury received by tbe beast from other cattle confined in the same pound— 9 
Pick. 14; nor for the neglect of the pound-keeper in not providing sustenance, or his 
ill-treatment of them.— 12 Met. 198, 207; 12 Gush. 98; 4 Gray 312. 

19. Allowance for. The sum to be allowed (1) for 
sustenance of creatures impounded shall be, for cattle and 
horses above one year old, thirty cents per day, and for all 
other creatures, fifteen cents per day, each. — Id., s. 19. 

(1) Seeposts. 20 (1). 

20. Fees of pound-keeper. The fees to be paid (1) to 
the pound-keeper shall be five cents each for every creature 
impounded, except sheep, which shall be two cents each, 
including the putting in and letting out, and the same fees 
in case of creatures retaken after pound breach. — Id., s. 20. 

(1) The statute does not say by whom, but probably by the person impounding (27 R. 
212) ; but it has been held that the impounder is not liable in assumpsit to the pound- 
keeper for his fees.— 23 Vt. 269 ; but see Digest, p. 49, s. 13, 17 R. 260, as to fees of road 
commissioners. 

21. Of person impounding. The fees to the person 
impounding shall be six cents a mile for travel from the 
place of taking to the pound, and four cents a head for driv- 
ing, if more than one mile, otherwise two cents a head ; for 
each notice twenty-five cents, and four cents a mile for travel 
from the pound to the place where such notice is given or 
left ; and the same fees is case of creatures retaken after 
pound breach. — Id., s. 21. 

22. The form of an estimate under s. 3 ante may be, — 



IMPOUNDING. 149 



To the Pound-keeper of the town of : 

The following is an estimate of the damage done by 
-, by me taken up, doing damage in my inclosnre, in 



said town, and this day impounded in the public pound, and 
the fees and charges incurred, viz., — 

Damage done by said , . . . $ 

Travel from said inclosure to pound, at 6 
cts. a mile, ...... 

Driving said to the pound, at 4 cts. 

a head, one mile, ..... 
Notice (1) to the owner of impounding, . .25 
Travel from pound to serve said notice, at 
4 cts. a mile, ..... 
Paid pound-keeper for impounding, 
Dated at said , this — day of , 18 — . 



(1) This it-m should not be included unless notice to the owner has been given at the 
time the estimate is left. If notices are posted, the owner being unknown, this item 
will be for posting notices, $ .75, and for the travel to post the same. 

For fees, see ss, 4, 5, 20, 21 ante. 

23. If the animal was taken up in the highway. 
To the Pound-keeper of the town of : 

The following is an estimate of the penalty incurred for 

one , by me found going at large in the highway in 

said town, near , and taken up and impounded in the 

public pound, and of the fees and charges incurred, viz., — 

Penalty incurred by the owner of said , 

under a by-law of said town, . $ 

Travel, etc., etc., as in s. 22 ante, 

24. The foem of a notice under s. 4 ante, may be for 
a creature doing damage, — 



To , of the town of ; 

You are hereby notified that I this day (1) found one 
[describe the animal, giving any peculiar marks, so 



that the one intended may be readily known] , belonging to 
you, doing damage in my [describe the place, whether 



150 IMPOUNDING. 

field or pasture, and where situated, and giving the name, if 
any, by which it is commonly known. The description need 
not be minute, but should be such that the place can be 

readily ascertained from the notice], in the town of , 

and took up and impounded the same in the public pound 
[or, " in my barn-yard near my dwelling-house "], in said 
town. The following is my estimate of the damage done 
by said , and the fees and charges already incurred : 

Damage, etc., etc. [as in s. 22 ante, adding the 
keeping for one day ; as to which, see s. 19 ante]. 
Dated at said , this — day of , 18 — . 



If not given to the owner, the notice, instead of the words 
" belonging to you," would be "last in your keeping." 

(1) The notice need not state the hour of the day. 12 Met. 198. 

25. If the taking was in the highway, the form 
may be, — 
To , of the town of ; 

You are hereby notified that I this day found going at 

large in the public highway, leading from to , in 

the town of , near [state the locality], contrary to 

the by-laws (1) of said town, one [describe the animal 

as in s. 24 ante'], belonging to you [or, "last in your keep- 
ing"], and took up and impounded the same in the public 
pound in said town. The following is my estimate of the 

penalty incurred for said , by said by-law, and the fees 

and charges : 

Penalty so incurred, .....$ 
Travel, etc., etc. [as in s. 22 ante, adding the 
keeping for one day], .... 
Dated at said , this — day of , 18 — . 



(1) A notice which merely states that the animal is running at large and trespassing 
upon the premises of other persons is insufficient. 2 Gray 178. 



IMPOUNDING. 151 

26. The notice if posted may be, — 

NOTICE OF IMPOUNDING. 

I this day found, etc., etc. [as in s. 24 or 25 ante], making 
the necessary changes, and instead of the words in italic in 

s. 24, use the words, the owner of which is unknown]. 

27. An application by the owner of the close, 
under s. 7 ante. 

To , a Justice of the Peace in and for the county 

of •• 

A B, of , in said county, represents that on the — > 

day of last, he found one [describe the animal as 

in the notice ante s. 24] , belonging to , of the town 

of , doing damage in his inclosure [describe it as in the 

notice ante s. 24], in said town of , and took up and 

impounded the same in the public pound in said , and 

left with the pound-keeper of said pound an estimate in 

writing of the damage done by said , and the amount 

of the fees and charges then incurred ; and on the — day 

of last, within twenty-four hours of said impounding, 

he also caused a notice in writing describing said , and 

stating his estimate of the damage done, and the time when 

and the place where the same was done, by the said , 

and the amount of fees and charges then incurred, and the 
place of impounding, to be left at the abode of afore- 
said, the owner of said ; but the said has neg- 
lected, for the space of forty-eight hours from said notice, 
and still neglects, to pay the damages estimated aforesaid, 

which are the sum of dollars ; wherefore the said A B 

prays said justice to appoint three disinterested persons to 
appraise such damages. 

Dated at said , this — day of , 18 — . 

A B. 

28. The foem of notice by the- justice may be, — 



152 IMPOUNDING. 



To , of in the county of 



Pursuant to an application (a copy of which is hereto an- 
nexed) to me, a justice of the peace in and for said county, 

you are hereby notified to appear at , in the town of 

, in said county, on the — day of next, at — 

o'clock in the noon, when and where you may be heard 

upon said application. 

Given under my hand this — day of , 18 — . 

, Justice of the Peace. 

29. The form of an appointment to appraise may 
be, — 

To , of — : , in the county of : 

Pursuant to an application by A B, of , in said 

county, to me, a justice of the peace in and for said county, 

you are appointed to appraise the damage done by one , 

belonging to , of , in said county, on the — 

day of last, in the inclosure of said A B [describe the 

inclosure], in said . You will notify the parties, and 

as early as practicable view the place where the damage is 
alleged to have been done, hear the parties and their evi- 
dence, and report to me whether any damage was done by 
such creature at the time of its being last in said inclosure, 
and the sum at which you estimate the same. 

Given under my hand at , in said county, this 

day of , 18 — . 

— , Justice of the Peace. 



Oath of appraisers, see ante s. 8 (3), and s. 31 post. 
30. Notice by the appraisers may be, — 

To -, of , in the county of : 

Pursuant to a warrant (a copy of which is hereto an- 
nexed) to the undersigned, by , a justice of the peace 

in and for said county, you are hereby notified to appear 

at , in the town of , on the — day of next, at 

— o'clock in the noon, when and where you may be 



IMPOUNDING. 153 

heard on the subject of the damages in said warrant men- 
tioned. 

Dated at , in said county, this — day of , 18 — . 

, > Appraisers. 

31. The return of appraisal upon the warrant may 
be, — 
To , a Justice of the Peace in and for the county 

of -: 

Pursuant to the within warrant, we notified the parties to 

appear at , in , in said county, on the — 

day of instant, at — o'clock in the — -^noon, then and 

there to be heard upon the subject of the damages in said 
warrant mentioned, at which time and place we heard the 
parties and their evidence, and also viewed the place where 
said damage is alleged to have been done, and do now report 

to the said justice that damage was done by the , in 

said warrant mentioned, at the time of its last being in such 

in closure, which was on the — day of last ; and we 

estimate said damages done by said , at that time only, 

at the sum of dollars. 

Given under our hands, this — day of , 18 — . 



Appraisers. 



(a) G ss. 18 — . Then appeared the said 

and made oath that they had faith- 



fully and impartially discharged and performed their duty as 
appraisers under the appointment in the foregoing report 
mentioned, and that said report and estimate of damages 
are in their belief just and true. 
Before me, 

, Justice of the Peace. 

■ 32. An application for a sale or appraisal may 

be, — 

7* 



154 IMPOUNDING. 

To , a Justice of the Peace in and for the county 

of : 

A B, of , in said county, respectfully represents 

that [proceed as in s. 27 ante, to the words " but the said 

has neglected" etc., and instead say as follows :] 

but the said has remained in said pound more than 

four days from the day of the giving of the notice aforesaid ; 
wherefore the said A B prays for an appraisal of the dam- 
ages done by said as aforesaid (no appraisal having 

been made), and for an order for the sale or appraisal of the 
said . 

Dated at said , this — day of , 18 — . 

A B. 

Notice by the justice may be given as in s. 28 ante. 

33. Order for an appraisal ; return ; forms of. 
Upon an application as in s. 32, the justice may appoint 

appraisers of the damage and of the animal, or he may ap- 
point appraisers of the damage, and make an order for a 
sale. An appointment for both purposes may be as in s. 29 

ante, adding, "And you will also appraise the said at 

its just value, and make a report to me of such appraisal." 
Given under my hand, at , in said county, this — 

day of , 18 — . 

, Justice of the Peace. 

(a) The appraisers under such a warrant may give notice as in s. 30, and make a re- 
turn as in s. 31, making the necessary changes, adding to their return in s. 31, after 

the word " doltars," as follows: "And we have also appraised the said , at the sum 

of dollars, and no more." 

The certificate of the oath in such a ca'e would be as in s. 31, inserting after the word 
" damages " the words " and appraisal." 

An appointment to appraise the damages only will be as in s. 29, and the subsequent 
proceedings as in ss. 30-32. 

34. An order for a sale may be as follows : 
[l. S.] To A B, of , in the count?/ of : 

Upon the foregoing application I notified the parties to 

appear at , in said county, on the — day of 

instant, at — o'clock in the noon, then and there to be 

heard upon the said application [and appointed three disin- 



IMPOUNDING. 155 

terested persons as appraisers of the damage alleged to have 
been done as aforesaid, who, after hearing the parties and 
their evidence, and viewing the place where said damage is 
alleged to have been done, by their report under oath, by 
them signed, found, and returned, that damage was done by 

the , in said application mentioned, at the time of its 

last being in the inclosure in the said application mentioned, 

which they estimate at the sum of dollars], and now 

having fully heard the parties at the time and place by me 
notified as aforesaid, I find that the allegations in said appli- 
cation are true, and do therefore order that after having 
posted up notices of the time and place of sale at two of the 

most public places in the said town of , forty-eight 

hours before the time of sale, you then and there sell the 
\ at public auction, to the highest bidder ; giving no- 
tice and selling as sheriffs may do upon execution ; and after 
deducting the damages and costs, the overplus of such sale 

shall be paid to the owner of said , upon request. 

Given under my hand and seal at , in said county, 

this — day of , 18 — . 

: , Justice of the Peace. 

35. An application (1) for a sale, after an ap- 
praisal, may be as in s. 32, to the word "aforesaid," and 
then proceed as follows : 

And the said A B further represents that the damage 

done by the said , at the time of its last being in said 

inclosure only, as aforesaid, has been duly estimated and 
returned under oath by three disinterested persons duly 
appointed as appraisers, at the sum of dollars ; where- 
fore he prays for an order for the sale or appraisal of the 
said . 

Dated at said , this — day of , 18 — . 

AB. 

(1) An order for a sale upon such an application may be as in s. 34, omitting the part 
in brackets. 



156 FLOATING TIMBER. 

36. If more than one animal has been taken, the 
order should be for the appraisal, or sale, as the case may 
be, of said animals, " or so many of them as will be sufficient 
to pay the damages and costs." And a sale of more (1) 
than is necessary will be wrongful. 

(1) 24 R. 237; Digest p. 601, s. 132. 



CHAPTER XXVI. 

FLOATING TIMBER. 

1. May be detained. The owner of improved land 
may detain logs or timber of any kind lodged thereon by 
the waters of any river or stream until the damages occa- 
sioned to such land thereby, and by the removal thereof, 
and the expenses of advertising the same, are paid; or until 
the owner or person in charge of said logs or timber shall 
give bond, with sufficient sureties, to the person detaining 
such logs or timber, in a sum not less than double the value 
of the property detained, to the satisfaction of the selectmen 
of the town wherein such logs or timber are detained, or to 
the selectmen of some town adjoining, conditioned (1) to 
pay all such damages, expenses, and costs as may be recov- 
ered against him under the provisions of this chapter. — 
G. L., c. 145, s. 1. 

(1) The condition of this obligation is such, that whereas the said is detaining 

certain logs and timber lodged upon his land by the waters of the river under 

section one of chapter one hundred and forty-five of the General Laws for non-pay- 
ment- of damages and costs, and said principal obligor is desirous of removing said logs 

and timber forthwith [and hereby appoints of his agent or attorney, upon 

whom service of any notice or process whatever relating to said logs and timber may 

be made]. Now if the s dd shall pay all such damages, expenses, and costs as 

may be recovered against him under the provisions of said chapter, then this obliga- 
tion to be void, otherwise in full force. 

Approved. 

Selectmen 
of 



FLOATING TIMBER. 157 

2. Appointment of agents. Whenever such bond is 
given by a person not resident of the state, said bond shall 
contain an appointment of an agent or attorney, within this 
state, upon whom service of any notice or process whatever 
may be made. — Id., s. 2. 

3. If the parties do not agree on the amount of damages 
done or occasioned by such logs or timber, the selectmen, (1) 
or, if a majority of them are interested, three justices (2) 
may, on application of either party in writing, and ten days' 
notice in writing, assess such damages and expenses, and 
make report thereof to the parties ; and if either party is 
dissatisfied with such assessment, he may appeal therefrom 
to the supreme court. — Id , s. 3. 

(1) To the Selectmen of the town of , in the county of ; 

A B, of said , represents that heretofore, to wit, on the — day of , 18—, cer- 
tain logs and timber lodged on the improred land of said A B, in said town, by the 
waters of the river, and were detained by him until the giving of a bond, as pro- 
vided by section one of chapter one hundred forty-five of the General Laws, by C D, 
the owner [the person in charge] of said logs and timber conditioned to pay all such 
damages, expenses, and costs as may be recovered against him under the provisions of 
said chapter, and that the parties do not agree on the amount of damages done or occa- 
sioned by such logs and timber to the said A B, and he prays that upon due notice you 
will assess such damages and expenses, and make report thereof to the parties. 

Date and signature. 

Order of notice as ante p. 121, s. 9. 

Final order as ante p. 124, s. 13, to the word oath, and then — "we assess the dam- 
ages and expenses done and occasioned by said logs and timber to the land of said A B , 
at the sum of dollars." 

Date and signatures. 

It is well to make the award in duplicate, and give one to each party. 

(2) To , , , Justices of the Peace for the county of .- 

A B, of in said county, represents, etc., as above to the words in italics, adding: 

The majority of the selectmen of said town are interested, wherefore said A B prays, 
etc. 

(a) An application by the owner of the logs (no bond having been given) may be as 
follows : 

To the Selectmen of the town of in the county of .- 

MGK represents that certain logs and timber belonging to him, lodged on the im- 
proved land of A B of said by the waters of the river, are detained by said 

A B for non-payment of damages occasioned said land thereby and expenses, and the 
parties do not agree upon the amount of damages done or occasioned by such logs and 
timber, and he, the said M G R, prays that upon due notice you will assess such dam- 
ages and expenses, and make report thereof to the parties. 

Date and signature and subsequent proceedings as ante (1). 

(b) A like application by the owner of the land may be as in (a), the necessary changes 
being made. 



158 FLOATING TIMBER. 

4. Appeal within sixty days. Such appeal (1) shall 
be claimed within sixty days, and not after, in writing, 
signed by the party appealing, or his attorney, setting forth 
the reasons of his appeal. — Id., s. 4. 

(1) H , ss. To the Supreme Court to be holden at in said county, on the 

Tuesday of next : 

A B, of in said county, represents that the selectmen of said , on the — 

day of , 18— , upon a petition duly presented for the assessment of damages done 

or occasioned to improved lands of said A B in said town by certain logs and timber 

in the charge of and owned by , lodged upon said land by the waters of 

the river, assessed such damages and expenses at the sum of dollars. Said 

A B is dissatisfied with such assessment, and claims an appeal therefrom, and sets forth 
as the reason for his appeal that the damages and expenses should have been assessed 
at a larger sum, to wit, the sum of dollars. 

Date and signature. 

5. Notice oe appeal. Notice (1) shall be given of such 
appeal, and of the court at which it will be entered, fourteen 
days at least before the term at which said appeal is to be 
entered. — Id., s. 5. 

(1) The appeal should be seasonably filed with the clerk of the court, who will issue 
an order of notice. 

6. Advertising. Such owner shall advertise (1) all 
such logs and timber in September, annually, by posting 
notices describing the number thereof and the marks there- 
on, at one of the most public places in the same and two 
adjoining towns, and causing a like notice to be recorded by 
the town-clerk. — Id., s. 6. 

The form of such advertisement may be as follows : 

FLOATING TIMBER. 

The following described logs and timber having been lodged upon my improved 

land, in the town of , bounded [insert a general description of the land by which 

it may be readily known] by the waters of the river, will be detained by me 

until the damages occasioned to such land thereby, and by the removal thereof, and 
expenses shall be paid, viz.: 

pine logs, marked [insert the marks]. 

spruce logs or timber, marked [insert the marks]. 

Meaning of " public place," see ante p. 46, s. IS (c). 

Recording by town-clerk, see ante p. 104, s. 5 (c). 

7. Removal within seven months. On payment or 
tender of the damages and expenses agreed upon or assessed, 
as provided in section three, or upon giving bond as pro- 



FLOATING TIMBER. 159 

vided,(l) the owner of such logs or timber may remove the 
same at any time within seven months after notice is posted 
and recorded as aforesaid. — Id., s. 7. 

(1) In section 1 ante. 

8. If not removed, forfeited. If such logs or tim- 
ber are not removed within said seven months they shall be 
forfeited to the owner of the land, and he may convert them 
to his own use if they have been advertised as aforesaid ; 
and the owner of the land may recover his damages and ex- 
penses in an action on the case against the owner of such 
logs or timber, or any other person putting the same into 
the river. If such damages and expenses have been pre- 
viously assessed, such assessment shall be conclusive. — Id., 
s. 8. 

9. On unimproved land. If any logs or other timber 
are lodged on the unimproved land of any person, he may 
detain the same until the damages occasioned thereby and 
costs are paid. — Id., s. 9. 

10. Suit within one year. — If such logs or timber are 
removed by the owner, or any other person, without pay- 
ment or tender of such damages and expenses, he shall be 
liable to the owner of such land therefor, and for costs, in 
an action to be commenced within one year, and not after. 
—Id, s. 10. 

11. Stopping drives. Any person wrongfully stopping 
any logs or other timber of another, or preventing them from 
floating down any river or stream, or wilfully and fraudu- 
lently cutting out or destroying the marks on such logs or 
timber, shall be imprisoned not more than thirty days, or 
fined not exceeding twenty-five dollars. — Id., s. 11. 

12. Fraudulently converting-. Any person wilfully 
and fraudulently taking and carrying away, or otherwise 
converting to his own use, either personally, or by others in 
his employment and under his control, any log or other tim- 



160 MILLS AND THEIR REPAIRS. 

ber of another, in any river or stream, or on the banks or 
meadows adjoining the same, shall be deemed guilty of 
larceny. — Id., s. 12. 



CHAPTER XXVII. 

MILLS AND THEIR REPAIRS. 

1. Pro rata. The necessary repairs on any mill, mill- 
dam, or flume owned by joint tenants, or tenants in common, 
or owned in severalty when the privilege of the water is 
owned jointly or in common, shall be made by the owners 
in proportion to their respective interests therein. — G. L., c. 
141, s. 1. 

(a) Action for not repairing, see s. 11 post; Digest, p. 10, ss. 13-16. 

In cases in which the selectmen cannot act, a court of equity has jurisdiction. 

2. Petition to selectmen. When, in the opinion of 
the owner of any part or share of a mill, mill-dam, or flume, 
it is necessary that it be rebuilt or repaired, and the other 
part-owners neglect to rebuild or repair the same, he may 
apply, by petition in writing, to the selectmen of the town 
in which it is situate for an order to rebuild or repair. — Id., 
s. 2. 

(a) The selectmen cannot order a repair or rebuilding that will leave the mill, dam, 
or flume substantially different.— 9 R. 78; Digest, p. 473, s. 60. 

(b) The owners, if known, should be requested to rebuild or repair before applying 
to the selectmen. 

3. What to contain. The petition shall contain a 
description of the premises, the names and shares of all per- 
sons interested therein who are known, the object of the 
application, and a request for a hearing. — Id., s. 3. 

(a) The description of the premises should be certain, a> d any owner who has occa- 
sion to proceed under this statute will do well to take good legal advice. 

(b) The form of the petition may be as follows : 
To the Selectmen of the town of : 

H M, of said town, represents that he is the owner of one undivided half of a certain 
saw mill, dam, flume, and water privilege, situate in said , and described as fol- 



MILLS AND THEIR REPAIRS. 161 

lows: [Here insert the description.] The other half of the same is owned by J C, of 

said . In the opinion of the said H M, it is necessary that said mill, dam, and 

flume be repaired by [insert the repairs deemed necessary]; yet the said J C, though 

requested, to wit, on the day of last, has neglected to repair the same; 

wherefore, the said H M requests a hearing, and that you will order the said owners to 
repair said mill, dam, and flume, and specify in what time and manner they shall do 
it, and the proportion of the expense of such repairs, and of the costs of this petition, 
and the hearing thereon, to be borne by each. 

Dated at said , this day of , 18—. H M. 

If necessary to rebuild, the petition will allege that in the opinion of the petitioner it 
is necessary to rebuild, etc., etc. 

(c) Joint owners in the privilege. If the parties are tenants in common of the priv- 
ilege of only the water, the form may be, — 
To the Selectmen of the town of : 

H M, of said town, represents that he is the owner of a saw-mill situate in said 

[here insert the description], and that J C, of said , is the owner of a grist-mill in 

said town [insert the description], and that the dam and privilege of water for said 
mills are owned by the said H M and J C jointly in equal shares, and that in the opin- 
ion of the said H M it is necessary that said dam be repaired by, etc., [as in (b)]. 

4. Notice for a hearing. The selectmen shall ap- 
point a time and place of hearing, and thereof notify (1) all 
persons interested by causing a copy of the petition, and 
notice of the time and place appointed, to be delivered to or 
left at the abode of each, if known, and residing in the 
state, fourteen days before the hearing. — Id., s. 4. 

(1) The order of notice of service and return, when the other owners are known, and 
reside in the state, may be as ante p. lal, s. 9. 

5. If owner unknown or out of the state. If the 
owner of any part or share is unknown, (1) or resides out of 
the state, such copy and notice shall be posted in two or 
more public (2) places in the town twenty days before the 
hearing, and published. — Id., s. 5. 

(1) The form of petition in such case may be, — 
To the Selectmen of the town of ; 

H M, of said town, represents that he is the owner of one undivided half of a certain 
saw-mill, dam, flume, and water privilege situate in said town, and described as fol- 
lows: [Insert description.] The owner of the other share, one S W, resides out of the 
state [or is unknown]. In the opinion of said H M, it is necessary that said mill, dam, 
and flume be repaired by [insert tbe repairs deemed necessary]; yet the said non-resi- 
dent owner [unknown owner] of the other share has neglected to repair the same: 
wherefore, the said H M requests a hearing, etc., [as ante s. 3 (b), or (c), the necessary 
changes being made]. 

(2) Seecmtep. 46, s. 13(c). 

6. Order of notice. This, when the owner of the 



162 MILLS AND THEIR REPAIRS. 

other share is known, and resides in the state, may be as 
upon p. 121, s. 9 ante. An order of notice where some of 
the owners are known, and some unknown, may be as fol- 
lows : 

A hearing upon said petition is hereby appointed at 

in said , on the day of next, at 

o'clock in the noon, and it is ordered that said petitioner 

give notice of said petition and hearing by giving to , 

within mentioned, or leaving at his abode an attested (1) 
copy of said petition, and this order thereon, fourteen days 
at least before the said day of hearing ; and to all others 
interested by posting a like copy in two or more public (2) 

places in said town of twenty days at least before 

said day of hearing, and causing like copy and notice to be 

published (3) three weeks successively in the , 

printed at , in the county of , and circulating 

in the vicinity of the mill aforesaid, the last publication to 
be one week at least before the said day of hearing. 

Given under our hands this day of , 18 — . 

) Selectmen 

V of 



A , 18 — . I certify that on the day of 

last I gave to the within named [or, " I left 

at the abode of the within named "] an attested copy 

of the within petition and order theron, and on the same 
day I posted a like copy at and at , two pub- 
lic places in said town of . I also certify that I 

caused a like copy and notice to be published in the , 

a newspaper printed at in the county of , 

and circulating in the vicinity of the mill aforesaid, three 
weeks successively, being in the issues of that paper of 

, and of , and of , the last publication 

being more than one week before the said day of hearing. 



MILLS AND THEIR REPAIRS. 



163 



H , ss., , 18 — . Then appeared , and 

made oath that the above certificate by him signed is true. 

Before me. , 

Justice of the Peace. 

(1) The copy may be attested by the person serving it. 

(2) Meaning of public place, see ante p. 46, s. 13 (c). 

(3) Meaning of publication, see ante p. 4, s. 30. 

7. Persons under disability. If any person inter- 
ested is a tenant for life or years, or mortgagee in posses- 
sion, or under guardianship, the guardian, tenant, or mort- 
gagee shall be so notified,, and may be ordered to contribute 
as owner, and shall have a lien for the sum contributed 
upon the part or share of the owner, on account of whose 
part or share such sum is paid. — Id., s. 6, as amended by c. 
63 of the Laws of 1883. 

8. Hearing. The selectmen shall personally examine 
the premises, hear all persons interested, determine whether 
the mill, mill-dam, or flume ought to be rebuilt or repaired, 
and apportion the expense among the several persons inter- 
ested. — Id., s. 7. 

9. Final order. If the selectmen are of opinion that 
the mill, mill-dam, or flume ought to be rebuilt or repaired, 
they shall, by writing under their hands, order the owners 
to rebuild or repair, specifying the proportion or share of 
the expense, and of the costs of the petition and hearing to 
be borne by each, and the time, and, if they think proper, 
the manner in which it shall be done. — Id., s. 8. 

10. One HALF ASSENTING. No such order to rebuild 
shall be made unless the owners of at least one half of the 
premises to be rebuilt assent thereto. — Id., s. 9. 

(1) A final order to repair after proceeding, as in (a) s. 13, p. 124 ante, to the word 
oath may be, — And having personally examined the premises aforesaid, we are of opin- 
ion that said mill, mill-dam, and flume, and privileges [or said " water-privilege "], are 
owned as stated in said petition, and that the following repairs are necessary and ought 
to be made [here insert the repairs at length], and said J C has neglected to make the 

same. We therefore order said owners to make the above repairs within days from 

the date hereof, in a good and substantial manner, each to bear one half of the expense 
of the same, and that the cost of this petition and hearing shall be borne one third [or 



164 MILLS AND THEIR REPAIRS. 

other proportion] by the said H M and two thirds by said J C. The costs of this peti. 

tion and hearing, as taxed and allowed by us, are dollars. 

Given under our hands at said , this — day of , 18—. 

) Selectmen 
» f of 



Recording and filing as in (c) (d), s. 5., p. 104 ante. 

(a) An order to rebuild after proceeding, as in (a) s. 13, p. 124 ante, to the word oath, 
may be, — Aud having personally examined the premises aforesaid, we are of opinion 
that said mill, dam, and flume, and privilege [or " wat r privilege "] are owned as stat- 
ed in said petition, and that said mill ought to be rebuilt, and that said has 

[or " have "] neglected to rebuild the same; and -, owning one half of the prem- 
ises to be rebuilt, having assented thereto, we do order the aforesaid owners of sail mill 
to rebuild the same within months from the date hereof, in the following man- 
ner : [Describe.] We also order that the expense of rebuilding and the costs of this pe- 
tition and hearing shall be borne, etc., etc , [as in (1) ante], 

11. Neglect to comply with order. If any person 
interested neglects to comply with such order, any one or 
more of the others may rebuild or repair his part or share ; 
and the cost thereof, upon notice, shall be determined and 
certified by the selectmen, with their charges for the service, 
and the amount thereof may be recovered of such delin- 
quent, with interest at nine per cent. ; and the person pay- 
ing said cost and charges shall have a lien therefor upon 
such delinquent's part or share and the rents and profits 
thereof, until the amount, with said interest and all taxes 
and repairs, is repaid. — Id., s. 10. 

(a) The form of the application may be,— 
To the Selectmen of : 

Whereas, on the — day of last, your petitioner H M, of ,and J C, both of 

said town, were ordered by you to make certain repairs [insert the repairs ordered], 
upon a certain mill in said town, being [describe it], the expense thereof to be borne 
[state the proportion]. Said J C has neglected to comply with said order, and said H 
M himself has made said repairs; wherefore he prays that the cost of said J C's part 
thereof may be determined by you and certified, with your charges for the service. 

Dated at said , this — day , 18 — . 

HM. 

Order of notice, service, and return, as in s. 9, p. 
121 ante. 

(b) The final order after proceeding, as in (a) s. 13, p. 124 ante, to the word oxth, may 
be,— And we find that the said J C has neglected to comply with the order to repair 
aforesaid, and said H has made the repairs as stated in said petition ; and the cost of 
the said J C's part thereof is determined and hereby certified by us to be the sum of 
dollars and cents. Our charges for this service are dollars and 



MILLS AND THEIR REPAIRS. 165 

cents. The costs of the said H upon this application and hearing, as taxed and allowed 

by us, are dollars and cents, besides our own charges. 

Given under our hand this — day of , 18—. _ ) Selectmen 

of 



Filing and recording, as in s. 5, p. 104 ante. 

12. Mill in two or more towns. If such mill, mill- 
dam, or flume is situate in two or more towns, the petition 
shall be to the selectmen of all said towns, and like proceed- 
ings shall be had before them as a joint board. — Id., s. 11. 

13. Special contracts. If the owners of such mill, 
mill-dam, or flume have made any special contract in re- 
spect to rebuilding or repairing the same, the decision of the 
selectmen shall be in conformity with such contract. — Id., 
s. 12. 

14. Toll allowed. The toll for grinding and bolting 
grain of any kind shall not exceed, for grinding, one six- 
teenth, and for bolting, one sixty-fourth part, thereof. — Id., 
s. 13. 

15. Penalty for taking more. The owner of a grist- 
mill, or other person employed therein, who takes more than 
said toll, shall forfeit five dollars, to be recovered by action 
of debt by the person injured, and shall be liable at his suit 
for damages. — Id., s. 14. 

16. Sunday law. It shall not be construed (1) to prevent 
necessary repairs in mills and factories which could not be 
made on a week day without throwing many operatives out 
of employment. — Laws of 1883, c. 93. 

(1) A different construction had been given by the court to the statute during the ses- 
sion of the legislature at which the act of 1883 was passed. 



CHAPTER XXVIII. 

MARRIAGES, BIRTHS, AND DEATHS. 

1. Prohibited degrees. No man shall marry his fa- 
ther's sister, mother's sister, father's widow, wife's mother, 



166 MARRIAGES, BIRTHS, AND DEATHS. 

daughter, wife's daughter, son's widow, sister, son's daugh- 
ter, daughter's daughter, son's son's widow, daughter's son's 
widow, brother's daughter, or sister's daughter, father's 
brother's daughter, mother's brother's daughter, father's sis- 
ter's daughter, or mother's sister's daughter. 

No woman shall marry her father's brother, mother's 
brother, mother's husband, husband's father, son, husband's 
son, daughter's husband, brother, son's son, daughter's son, 
son's daughter's husband, daughter's daughter's husband, 
brother's son, sister's son, father's brother's son, mother's 
brother's son, father's sister's son, or mother's sister's son. 
G. L., c. 180, ss. 1, 2. 

2. Incestuous if within degrees. Every marriage 
contracted by parties within the degrees prohibited by the 
two preceding sections is incestuous and void, and the issue 
of such marriage illegitimate. Id., s. 3. 

3. Notice of intention. All persons residing in this 
state proposing to be joined in marriage, shall, before their 
marriage, cause notice of their intention, with the full Chris- 
tian and surnames, color, occupation, birthplaces, residences, 
and ages of the parties, their condition, whether single or 
widowed, whether first, second, or other marriage, and the 
full Christian and surnames, residences, color, occupation, 
and birthplaces of their parents, to be entered (1) in the office 
of the clerk of the town in which they dwell ; (2) if there be 
no such clerk in the place of their residence, the like entry 
shall be made with the clerk of any adjoining town ; and 
the clerk shall record such notice in a book to be kept for 
that purpose. — Id., s. 4. 

(1) The form of notice may be as on next page. 

(2) A minister acting in good faith will be protected, notwithstanding the residence 
of the parties is falsely stated in the certificate; and if the parties reside in different 
towns, it is not required that there be a certificate from both towns. 35 R. 32; Digest, 
p. 150, ss. 5-7. 



MARRIAGES, BIRTHS, AND DEATHS. 



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168 MARRIAGES, BIRTHS, AND DEATHS. 

4. Certificate from clerk. Such clerk shall deliver 
to the parties a certificate (1), under his hand, embodying the 
facts in the preceding section required to be entered in his 
office, and specifying the time when notice of intention of 
marriage was entered with hirn; which certificate shall be 
delivered to the minister or magistrate who is to marry said 
parties, before he shall proceed to solemnize the marriage ; 
and the fee of the clerk, for making the record of notice 
and issuing his certificate, shall be one dollar, to be paid by 
the parties. — Id., s. 5. 

(1) The certificate following a transcript of the notice may be, — 

M , 18—. I hereby certify that a notice of which the above is a copy, of an in- 
tended marriage between and , was entered with me, this — day of 

, 18—, Town Clerk of . 

(2) See ante ss. 2. 3. 

5. Parties going out of the state. When parties 
living in this state shall go out of it for the purpose of being 
married in another state, and a marriage shall be there 
solemnized, and they shall return to this state to reside, they 
shall file a certificate or declaration of their marriage, in- 
cluding the facts required to be stated in the notice afore- 
said, with the clerk of the town where either of them lived 
prior to their marriage, within seven days after their return, 
under penalty of ten dollars, to be recovered for the use of 
any person who shall sue for the same. — Id., s. 6. 

6. Quaker marriages. Nothing contained in this 
chapter shall affect the right of the people called Friends 
or Quakers, to solemnize marriages in the way usually prac- 
tised among them, but all marriages so solemnized shall be 
valid. — Id., s. 7. 

7. Penalties. If any minister or justice of the peace 
shall join any persons in marriage, without having first re- 
ceived a certificate of the town-clerk as hereinbefore pro- 
vided, he shall forfeit for each offence sixty dollars, to the 
use of the parent, master, or guardian of either of the par- 
ties who shall first sue therefor. 



MARRIAGES, BIRTHS, AND DEATHS. 169 

If any person not authorized by this chapter to solemnize 
marriages shall join any persons in marriage, (1) with or 
without a certificate, he shall be fined not exceeding three 
hundred dollars, one half to the use of the complainant. — 
Id., ss. 8. 11. 

(1) Marriage valid. No marriage solemnized before any person professing to be a 
justice of the peace or minister of the gospel shall be void, nor shall its validity be in 
any way affected on account of any want of jurisdiction or authority in such supposed 
justice or minister, or on account of any omission or informality in the certificate of 
intentien of marriage, if the marriage is in other respects lawful, and consummated 
with the belief on the part of either of the parties thereto that they have been lawfully 
married.— G. L.,c. 180, s. 13. 

8. Before whom solemnized. Marriages may be sol- 
emnized by any justice of the peace in any county for which 
he is commissioned ; throughout the state by any minister 
of the gospel who has been ordained according to the usages 
of his denomination, resides in this state, and is in regular 
standing with the denomination to which he belongs ; and 
by any such minister residing out of the state, who has been 
authorized to solemnize marriages within the state by a 
commission issued by the governor, with the advice and con- 
sent of the council ; and within his parish by such minister 
residing out of the state, but having a pastoral charge wholly 
or partly in this state. — Id., s. 9. 

9. Fee for solemnizing. The persons joined in mar- 
riage by any minister or justice shall pay such minister or 
justice one dollar. — Id., s. 10. 

10. Age of consent. The age of consent shall be, in 
the female, twelve years, and in the male, fourteen. — Id., 
s. 14. 

11 . Copy of record, evidence of marriage. A copy 
of the record of any marriage, certified by any minister, 
justice, clerk of the people called Friends, or town-clerk, 
shall be received in all courts and places as evidence of the 
fact of such marriage. — Id., s. 12. 

(a) Cohabiting, etc. Persons cohabiting and acknowledging each other as husband 
and wife, and generally repated to be such, for the period of three years, and until 



170 INSPECTORS AND SURVEYORS. 

the decease of one of them, shall thereafter be deemed to have been legally married.— 
G. L., c. 180, s. 16. 

(b) Reputation. In all civil actions except actions for criminal conversation, evidence 
of acknowledgment, cohabitation, and reputation is competent proof of a marriage. — 
G. L., c. 180, s. 17. 

(c) Proof in criminal cases. In actions for criminal conversation, and in indictments 
for adultery, bigamy, and the like, there must be proof of a marriage in fact.— G. L., 
c. 180, s. 18. 

12. Subsequent marriage. Where the parents of 
children born before marriage afterwards intermarry, and 
recognize such children as their own, such children shall 
inherit equally with their other children under the statute 
of distribution, and shall be legitimate. — Id., s. 15. 

13. Vital statistics. The registration of births, mar- 
riages, and deaths, and the collection and return of statis- 
tics relating thereto, are provided for by chapter 181 of the 
General Laws, and by chapter 70 of the Laws of 1883 ; but 
as blanks for this purpose are furnished to selectmen and 
town-clerks, as well as to clergymen and physicians, it is not 
deemed expedient to incorporate those chapters in this 
work. 



CHAPTER XXIX. 

INSPECTORS AND SURVEYORS. 

1. Or HAY. The selectmen of each town in which bale 
or bundle hay is sold, may, on the petition (1) of ten or 
more legal voters of such town, annually appoint one or 
more persons as inspectors of bale or bundle hay, who shall 
be sworn, and may remove any inspector so appointed and 
fill any vacancy that may occur from death or otherwise.— 
G. L., c. 122, s. 11. 

(1) To the Selectmen of the town of ; 

The undersigned, being ten or more legal voters of such town, request you to appoint 
one or more (as you may deem expedient) persons as inspectors of bale or bundle hay, 
as provided by section 11 of chapter 122 of the General Laws. 

Date and signatures. 



INSPECTORS AND SURVEYORS. 171 

To and of the town of : 

Pursuant to the foregoing petition we appoint you inspectors of bale or bundle bay, 
and upon your taking the oath of office by law prescribed, and having this appointment 
with a certificate of said oath recorded by the town-clerk, you shall have the powers, 
perform the duties, and be subject to the liabilities of said office for the year 18—. 
Your fees for inspection shall be as follows : [Insert.] 

Date and signatures. 

ss, 18 — . Then the above-named and took the oath of office as 

inspectors of bale or bundle hay, by law prescribed. 

Before me, Justice of the Peace. 

Received and recorded this day of 18—. 

Town Clerk. 

2. Pressed hay, how branded. All pressed hay 
offered for sale or shipped for exportation shall be branded 
in some conspicuous place on each crate or bundle with the 
initials of the Christian name and the whole of the surname 
of the person packing or pressing said hay, and with the 
name of the town and initials of the state where the same is 
pressed. — Id., s. 9. 

3. Penalty if not branded. If any person shall offer 
for sale, or ship for exportation, any crate or bundle of 
pressed hay not branded as aforesaid, he shall forfeit five 
dollars for each offence. — Id., s. 10. 

4. Duties of inspectors. Each inspector shall inspect 
all pressed bale or bundle hay, within the limits of the 
town for which he may be appointed, when requested so to 
do by the owner or vendor. — Id., s. 12. 

5. Brand to show quality. Bales or bundles of hay 
so inspected, which are found to be sweet, of good quality, 
and free from damage or improper mixture, shall be branded 
or marked Xo. 1. Bales or bundles found to be sweet and 
free from damage or improper mixture, but consisting of 
hay of a secondary quality, shall be branded or marked No. 
2. Bales or bundles found to be wet, or in any way dam- 
aged, or which shall contain straw or other substance not 
valuable as hay, shall be branded or marked bad. Each 
bale or bundle so inspected shall be branded or marked with 
the first letter of the Christian name and the whole of the 
surname of the inspector, and the name of the place for 



172 INSPECTORS AND SURVEYORS. 

which he is inspector, together with the month and year 
when inspected. — Id., s. 13. 

6. Inspector's seal. Each inspector shall furnish him- 
self with proper seals, and other suitable instruments for 
the purpose aforesaid. — Id , s. 14. 

7. Fees for inspection. The fees for inspecting and 
marking hay, as provided for in this chapter, shall be fixed 
by the respective officers having the power of appointment, 
and shall be paid by the employer of the inspector. — Id., 
s. 15. 

8. Selling without inspection. Whoever sells bale 
or bundle hay in a place where an inspector is appointed, 
which has not been inspected as herein provided, shall for- 
feit for each bale or bundle so sold two dollars ; but no in- 
spection need be made where the vendee and vendor agree 
to waive an inspection. — Id., s. 16. 

9. Cord-wood. All cord-wood exposed to sale shall be 
either four feet, three feet, or two feet long, including half 
the kerf, and, being well and closely laid together, a quantity 
measuring eight feet in length, four in width, and four in 
height, shall constitute a cord. — G. L., c. 122, s. 19. 

10. Measurers of. Measurers of wood shall be chosen 
by each town, whose duty shall be to measure any wood 
when requested, and give a certificate (1) thereof, for which 
service they shall be paid by the purchaser at the rate of 
four cents per cord. — Id., s. 20. 

(1) Form of certificate: 

This certifies that I have this day measured one load of wood offered for sale by A B, 

of , and the same contains one cord and five and one half cord feet; and my fees 

have been paid me by , of , the purchaser. 

Manchester, Sept. 30, 18—. 

, Measurer of Wood. 

11. Penalty for neglect, etct. If any measurer, 
upon tender of his fees, shall unreasonably neglect or refuse 
to measure or certify any wood brought to him for that pur- 
pose, or shall give any false certificate, he shall for each 
offence forfeit five dollars. — Id., s. 21. 



INSPECTORS AND SURVEYORS. 173 

12. Surveyors and cullers. One or more surveyors 
of lumber and cullers of hoops and staves shall be chosen by 
the inhabitants of each town, at their annual meeting, who 
shall be skilled in such business, and hold their offices one 
year and until others are chosen in their stead. — G. L., c. 
131, s. 1. 

13. Duties of surveyor. The surveyor of lumber 
shall survey all plank, boards, spars, slit work, shingles, 
clapboards, and timber, previous to the sale thereof, and 
shall measure the same if necessary, having due considera- 
tion for drying and shrinking, making reasonable allowance 
for rots, knots, and splits ; he shall mark the same anew to 
the just contents thereof, if requested by the seller or pur- 
chaser, and give a certificate (1) of the quantity and sorts, 
if required on payment therefor. — Id., s. 2. 

(1) Form of certificate, see ante s. 10 (1). 

14. Duties of culler. The culler of hoops and staves 
shall view and cull all hoops, staves, and heading previous 
to the exportation thereof, and shall give a certificate (1) 
of the quantity on payment therefor. — Id., s. 3. 

(1) Form of certificate, see ante s. 10 (1). 

15. Plank, thickness of. The standard of thickness 
of merchantable plank shall be two inches, and when any 
plank of a different thickness shall be purchased, it shall be 
admeasured and calculated by that standard. — Id., s. 4. 

16. Ship timber. All round ship timber shall be meas- 
ured according to the following rule, namely, a stick of tim- 
ber sixteen inches in diameter and twelve inches in length 
shall constitute one cubic foot, and in the same ratio for any 
other size and quantity : forty feet shall constitute one ton. 
Id., s. 5. 

17. Round timber. All round timber the quantity of 
which is estimated by the thousand shall be measured ac- 
cording to the following rule, namely, a stick of timber six- 



174 INSPECTORS AND SURVEYORS. 

teen inches in diameter and twelve inches in length shall 
constitute one cubic foot, and the same ratio shall apply to 
any other size and quantity. Each cubic foot shall consti- 
tute ten feet of a thousand. — Id., s. 6. 

18. Shingles. All shingles offered for sale in this state 
shall be straight, four inches wide, free from shakes and 
worm-holes ; shall be split or sawed in a longitudinal direc- 
tion crosswise the grain, and shall be designated and known, 
according to their quality, as "No. 1," "No. 2," "No. 3," 
or "refuse." — Id., s. 7. 

19. " Shaved shingles, No. 1," shall be eighteen inches 
long, seven sixteenths of an inch thick at the butt-end, shall 
be free from knots and sap, and shall be breasted. 

"No. 2" shall be at least seventeen inches long, three 
eighths of an inch thick at the butt-end, and clear of knots 
and sap. 

" No. 3 " shall be at least fifteen inches long, and three 
eighths of an inch thick at the butt-end. — Id. 

20. " Sawed shingles No. 1 " shall be clear of knots, 
shakes, and sap. 

" No. 2 " shall be free from shakes and sap, and clear of 
knots eight inches from the butt-end. 

"No. 3 " shall be free from shakes and unsound knots. 

" Refuse " shall consist of such shingles as will not pass 
inspection for either of the above classes, unless in the opin- 
ion of the surveyor they shall be so inferior as to be worth 
less than half the price of No. 1, in which case they shall 
be branded "O."— Id. 

21. Bunching and branding. No shingles shall pass 
inspection unless so packed as to contain by admeasurement 
one quarter of a thousand in each round bunch, and either 
one thousand or one half or one quarter of a thousand in 
each square bunch. Each bunch or bundle shall be branded 
upon the butt " No. 1," " No. 2," "No. 3," " Refuse," or " O," 
according to the quality; and also with the abbreviation 



INSPECTORS AND SURVEYORS. 175 

iV. H., which brand last mentioned shall be furnished by 
the town. — Id., s. 8. 

22. Shaved clapboards. All shaved pine clapboards 
shall be made of good sound timber, clear of sap : and all 
shaved clapboards shall be free from shakes and worm- 
holes, straight, well shaved, and of the following dimen- 
sions, namely, full five eighths of an inch thick on the back, 
five inches wide, and four feet six inches long. — Id., s. 9. 

23. Sawed clapboards. All sawed clapboards shall 
be of the following descriptions, and shall be known as 
"clear," i4 sap-clear," or " merchantable." — Id., s 9. 

24. Grades en" clapboards. " Clear clapboards" shall 
be sawed from good timber, and shall not be less than four 
feet two inches in length, five inches in width, and half an 
inch thick on the back, and shall be free from knots, worm- 
holes, shakes, and rots. Pine clapboards shall also be free 
from sap. 

"Sap clear clapboards'' shall be of the same dimensions 
and quality as the clear clapboards, but need not be free 
from sap. 

" Merchantable clapboards " shall be of the same length, 
from four to five inches wide, and shall be free from rots, 
shakes, worm-holes, and broken or loose knots. 

Two pieces of either of the above descriptions, neither of 
which shall be less than thirty inches long, or three pieces, 
neither of which shall be less than two feet long, shall be 
allowed and counted as one clapboord ; but there shall be at 
least ninety whole clapboards in every hundred. — Id., s. 9. 

25. Staves, shooks, axd heading and hoops. All 
white-oak butt staves shall be at least five feet in length, 
five inches wide, and one inch and a quarter thick on the 
heart or thinnest edge and every part thereof. 

All white-oak pipe staves shall be at least four feet eight 
inches long, four inches broad in the narrowest part, and 
not less than one inch thick on the heart or thinnest edge. 



176 INSPECTORS AND SURVEYORS. 

All white-oak hogshead staves shall be at least forty-two 
inches long, and not less than three quarters of an inch thick 
on the heart or thinnest edge. 

All white-oak barrel staves for foreign market shall be 
thirty-two inches long, and for home use shall be thirty 
inches long, and all shall be half an inch thick on the heart 
or thinnest edge. 

All white-oak hogshead and barrel staves shall be at least, 
one with another, four inches in breadth, and none less than 
three inches in breadth in the narrowest part, and those of 
the last breadth shall be clear of sap. 

All red-oak hogshead and barrel staves shall be of the 
same length, width, and thickness with the white-oak hogs- 
head and barrel staves aforesaid. 

All staves shall be well and proportionably split. 

All shooks shall be forty inches long, and not less than 
two and a half inches wide at the ends, and full half an inch 
thick when dressed. 

All white-oak hogshead headings shall be one inch thick, 
thirty inches long, and not more than five pieces to one 
head. 

All hogshead hoops shall be made of white oak, brown 
ash, or walnut, of good and sufficient substance, well shaved, 
and either ten, twelve, or fourteen feet in length; the oak 
and ash hoops shall not be less than one inch broad, and the 
walnut hoops not less than three quarters of an inch broad 
at the least; all hoops of ten, twelve, and fourteen feet 
respectively shall be made up in distinct bundles by them- 
selves, containing twenty-five hoops each ; and each bundle 
intended for exportation shall be branded on the band 
thereof with the brand of the town whence exported. — Id., 
s. 10. 

26. How counted. All hoops and staves shall here- 
after be counted and sold by the decimal hundred. — Id., 
s. 17. 



INSPECTORS AND SURVEYORS. 177 

27. Fees foe inspection. Surveyors and cullers shall 
receive the following fees : For surveying shingles and clap- 
boards, four cents per thousand, to be paid by the buyer ; 
for viewing and culling barrel staves, twenty-eight cents per 
thousand ; for hogshead staves, thirty-four cents per thou- 
sand ; for pipe staves, forty cents per thousand ; for butt 
staves. fort} r -five cents per thousand ; for shooks, one third 
of a cent each ; for hoops, fifty cents per thousand ; and for 
heading, thirty-three cents per thousand ; — the refuse to be 
counted in all cases as well as the merchantable ; — the fees 
for such survey to be paid by the owner, and the fees paid 
for the survey of the merchantable to be by him recovered 
of the buyer ; — for surveying boards, timber, and other lum- 
ber, eight cents per thousand feet for viewing only, and 
eight cents per thousand feet additional for measuring and 
marking, and in the same proportion in all cases for a less 
quantity. — Id., s. 11. 

28. Exporting without inspection. If any person 
shall export or ship for exportation from this state any 
boards, staves, hoops, shooks, heading, or clapboards, not 
surveyed, culled, inspected, and branded according to the 
provisions of this chapter, such person for each offence shall 
forfeit one quarter part of the value of all articles so shipped 
or exported. — Id., s. 12. 

29. Without branding-. If any person shall export or 
ship for exportation any shingles branded " O," or not 
branded according to law, he shall forfeit the same or the 
value thereof. — Id., s. 13. 

30. Fraud by inspector. If any surveyor or culler 
shall be guilty of any fraud or deceit in the surveying or 
culling of any boards, staves, hoops, shooks, heading, shin- 
gles, clapboards, or timber, or shall connive at or allow of 
any breach of this chapter, he shall forfeit for each offence 
thirty dollars. — Id., s. 14. 

31. Neglect of inspector. If any surveyor or culler 



178 WEIGHTS AND MEASURES. 

shall unreasonably refuse or neglect to attend to his duties, 
upon tender of the fees therefor he shall forfeit for each 
offence three dollars. — Id., s. 15. 

32. Milk. The mayor and aldermen of cities and the 
selectmen of towns which by vote adopt the provisions of 
the act, may annually appoint one or more persons inspect- 
ors of milk. Their duties are prescribed in sections three 
to seven of chapter 122 of the General Laws, Laws of 1883, 
c. 42, and Laws of 1885, c. 52. See, also, as to the carrying 
of milk on railroads, Laws of 1881, c. 81. 

33. Other inspectors. Inspectors of flour, beef, and 
pork, of potash and pearlash, of butter and lard, of hops and 
of fish, are appointed by the governor, with the advice and 
consent of the council (G. L., pp. 298-316). For inspect- 
ors of petroleum, see G. L., c. 122, ss. 30-38, and post chap- 
ter 64. 



CHAPTER XXX. 

WEIGHTS AND MEASURES. 

1. State standards. The standard weights and meas- 
ures of this state shall be those received from the United 
States, and the ale or beer measures heretofore provided by 
the state treasurer. All scale-beams, weights, and measures 
owned by the state shall be deposited and carefully kept in 
his office by the treasurer, and shall be used as standards, 
and for no other purpose. — G. L., c. 121, s. 1. 

2. State treasurer to prove. The state treasurer, 
shall try and prove by the state standards all such scale- 
beams, weights, and measures as shall be brought to him for 
that purpose. — Id., s. 2. 

3. County sealer. A sealer of weights and measures 
for each county shall be appointed by the governor, with 



WEIGHTS AND MEASURES. 1 70 

advice of the council, who shall safely keep the standard 
scale-beams, weights, and measures of the county, shall per- 
mit them to be used only as standards, and shall cause any 
deficiencies therein to be immediately supplied at the ex- 
pense of the county, and shall hold his office until another 
is appointed. — Id., s. 3. 

4. To try TOWN STANDARDS. The county sealer shall 
once in every three years try and prove the standard scale- 
beams, weights, and measures of the county by the state 
standards, and shall be allowed for the same a reasonable 
compensation by the county commissioners; and he shall 
try and prove by the county standards all scale-beams, 
weights, and measures brought to him for that purpose by 
any town sealer. — Id., s. 4. 

5. Town standards. The selectmen of each town 
shall provide the town sealer with a full set of scale-beams, 
weights, and measures ; and if they shall neglect to provide 
any scale-beam, weight, or measure necessary to make such' 
full set, after notice of the deficiency and a reasonable time 
to procure the same, they shall forfeit for each offence ten 
dollars. — Id., s. 5. 

6. Town sealer. The sealer of weights and measures 
chosen (1) in each town shall carefully keep the town stand- 
ards, and permit them to be used only as standards ; shall 
once in three years cause them to be tried and proved by 
the count} 7 sealer, for which he shall be allowed by the 
selectmen a reasonable compensation ; and shall try and 
prove by said town standards all scale-beams, steelyards, 
weights, and measures which shall be presented to him for 
that purpose. — Id., s. 6. 

(1) Choice and oath of, see ante p. 109, s. 21 ; p. Ill, ss. 24, 25. 

7. To test scales AND measures. Every sealer of 
weights and measures, in any town or city, shall once in 
each year, in the month of April, visit and examine every 
place where scales or measures are used for the purchase or 



180 WEIGHTS AND MEASURES. 

sale of any goods or commodities, and shall examine all such 
scales or measures used for the purpose of buying or sell- 
ing. — Id., s. 7. 

8. Platform and fixed scales. Such sealer shall go 
to and there try and prove any local platform or other fixed 
scales, when applied to for that purpose, and shall receive 
for such service a reasonable compensation. — Id., s. 8. 

9. Sealing. The county and town sealers shall seal all 
scale-beams, weights, and measures found conformable with 
the standards, with the seals heretofore used, if any ; other- 
wise the county sealer may use such seal as he may select, a 
description thereof being first lodged in the office of the sec- 
retary of state ; and the town sealer shall use such seal as 
the town may adopt by vote describing the same.(l) — Id., 
s. 9. 

(1) There should be an article in the warrant " to determine what seal the town will 
adopt, for use by the town sealer." A single adoption is sufficient without an annual 
adoption by the town. 

10. Fees, certificate, and record. The state treas- 
urer shall receive ten cents, the county sealer shall receive 
ten cents, and the town sealer twenty-five cents, for each 
and every scale-beam, steelyard, or scale, and ten cents for 
each measure, excepting where more than five scales or 
measures are sealed, the same belonging to any one person 
or firm, in which case the fee shall be one half of said sum 
for each additional measure, all said fees to be paid by the 
party or parties whose scales, weights, or measures are so 
examined ; and said sealer shall give to said party or parties 
a certificate (1) of said examination, which shall contain 
the number of scales, weights, or measures sealed by him, 
and, the date thereof; and shall keep a record (2) thereof, 
which shall contain a record of the number of scales, weights, 
and measures sealed by him, the parties for whom they were 
examined, and the date thereof, in a book provided at the 
expense of the town or county for which such sealer is ap- 
pointed. — Id., s. 10. 



WEIGHTS AND MEASURES. 181 

(1) I certify that I have this day examined, found correct, and sealed, the following 

scale-beams, steelyards, scales, and measures used by of the town of , for the 

purpose of buying and selling, and have received from him my fees for the same. 
[Insert scale-beams, etc.] 

Date and signature as town sealer of . 

(2) RECORD BOOK OF TOWN SEALER OF . 

, 18 — . This day examined, found correct, and sealed the following scale- 
beams, steelyards, scales, and measures used by , of the town of , for the 

purpose of buying and selling, and have received from him my fees for the same. 
[Insert scale-beams, etc.] 

Signature as town sealer of . 

11. Penalty upox sealer. Any sealer who shall 
refuse or neglect to perform any duty required by law, shall 
forfeit for each neglect or refusal ten dollars. — Id., s. 11. 

12. Upon seller. If any person shall sell or dispose of 
any goods or merchandise by any scale-beam, steelyard, 
weight, or measure not proved or sealed as aforesaid, or shall 
fraudulently sell or dispose of any commodity by any scale- 
beam, steelyard, weight, or measure which has been sealed 
but is unjust, he shall forfeit for each offence ten dollars. — 
Id., s. 12. 

13. Ale or beer measures. Standard measures for ale 
or beer measure, of the capacity of two hundred and eighty- 
two cubic inches to the gallon, and in the same proportion 
for subdivisions of the gallon, shall be provided, where they 
are uot already provided, by the state treasurer, county seal- 
ers, and selectmen of towns ; and those of the counties and 
towns shall be tried and proved as other weights and meas- 
ures are required to be. — Id., s. 13. 

14. Avoirdupois weight. When any commodity shall 
be sold by the hundred weight, it shall be understood to 
mean the net weight of one hundred pounds avoirdupois ; 
and all contracts concerning goods sold by weight shall be 
construed accordingly, unless otherwise distinctly expressed. 
—Id, s. 14. 

15. Public weigher, duty of. Every public or town 
weigher of goods or commodities shall weigh the same, and 



182 WEIGHTS AND MEASURES. 

certify the weight thereof accordingly ; and for each neglect 
or refusal to do so, he shall forfeit five dollars. — Id., s. 15. 

(1) Form of certificate, ante p. 172, s. 10 (1); post s. 19. 

16. Heaped measures. All measures by which fruit 
and other things, excepting charcoal, are usually sold by 
heaped measure, shall be of the following dimensions : The 
bushel, not less than eighteen and a half inches in diameter 
inside ; the half-bushel, not less than thirteen and three 
quarter inches in diameter inside ; the peck, not less than 
ten and three quarter inches in diameter inside ; and the 
half-peck, not less than nine inches in diameter inside. — Id., 
s. 16. 

17. Charcoal measures. Every basket or other meas- 
ure by which charcoal shall be measured or sold shall be not 
less in its average diameter than twenty inches, and of a 
depth sufficient to contain eighteen gallons level measure, 
which shall be accounted two bushels, or one strike. — Id., 
s. 17. 

18. Weighers of beef. The selectmen of every town 
where beef cattle are sold for the purpose of market or bar- 
relling, shall appoint (1) one suitable person or more, who 
shall be conveniently situate in such town, and not dealers 
in cattle, to be weighers of beef. — G. L., c. 126, s. 26. 

(1) Form of appointment and oath, see ante p. 114, s. 3 (1); p. Ill, ss. 24,25. 

19. Certificate of weight. All beef sold as afore- 
said shall be weighed by such sworn weigher, and a certifi- 
cate of the weight of all the beef, hide, and tallow of each 
head of cattle, unless otherwise requested by the seller in 
the form following, shall be signed by such weigher, and 
delivered to the seller on payment of the fees therefor. — Id., 
s. 27. 



WEIGHTS AND MEASURES. 



183 



FORM OF CERTIFICATE. 



This certifies that I havi 
, from of 



fairly and properly weighed the cattle bought by 
-, this — day of , 18—. 



of 



















Beef 
















Hide 
















Tallow 
















Total weight 

















, Sworn Weigher. 

Id., s. 27. 

20. Fees of weigher. The weigher shall receive, for 
the first six head of cattle weighed, seventeen cents per 
head ; for the second six head weighed, twelve and a half 
cents per head ; for all over twelve and under twenty head, 
eight cents per head ; and for all over twenty head, five 
cents per head — which shall be paid by the buyer of such 
cattle ; and twelve and a half cents for each certificate, 
which shall be paid by the seller. — Id., s. 28. 

21. Penalty upon buyer and seller. If any butcher 
or purchaser of beef cattle intended for market or barrelling 
shall cause any such beef cattle to be weighed contrary to 
the intent of this chapter, he shall forfeit fifty dollars for 
each offence, to be recovered by action of debt, one half to 
the use of the prosecutor, and the other half to the use of 
the county ; but nothing herein contained shall prevent any 
person from buying or selling cattle on the hoof, or from 
determining the weight of such cattle in any mode agreed 
on by the parties. — Id., s. 29. 

22. Bakers, sales by. All soft biscuit offered for sale 
by any baker or other person shall weigh either four or 
eight ounces each ; and all loaves of soft bread shall be of 
the weight of half a pound, one, two, three, or four pounds ; 



184 * WEIGHTS AND MEASURES. 

and every loaf or biscuit shall be marked with the weight 
thereof, and with the initials of the Christian and the whole 
of the surname of the baker. — G. L., c. 122, s. 1. 

23. Penalty upon. If any baker or other person shall 
offer for sale any soft biscuit or loaf which does not in 
weight and mark conform to the provisions of the preceding 
section, he shall for each offence forfeit ten dollars. — Id., s. 2. 

24. Milk shall be bought and sold by wine measure, the 
standard for which shall be two hundred and thirty-one 
cubic inches to the gallon, and for subdivisions of the gallon 
in the same proportion. — Id., s. 3. 

25. Penalty upon seller. All measures or vessels 
used in the sale or buying of milk shall be tried and proved 
by the standard of wine measure, and the quantity they hold 
agreeably to such standard shall be marked thereon ; and 
any person selling any milk by any other than measures so 
tried, sealed, and marked, shall forfeit for each offence ten 
dollars. — Id., s. 4. 

26. All milk cans used by persons engaged in the busi- 
ness of purchasing milk at wholesale shall be annually sealed 
by the sealer of weights and measures in the city or town 
where the purchaser resides ; and no milk can shall be sealed 
which does not contain one or more quarts, and the capacity 
of the can shall be legibly marked upon it by such sealer. — 
Id., s. 5. 

27. Capacity oe can. When milk is purchased by the 
can, such can shall hold eight quarts of milk and no more. — 
Id, s. 6. 

28. Penalties. (1) Every person violating the provi- 
sions of the two preceding sections may be punished by a 
fine of not more than fifty dollars, one half of which fine 
shall inure to the complainant, and the other half to the 
use of the county in which the conviction is obtained.- 
Id, s. 7. 

(1) Inspectors of milk, etc. See ante p. 109, s. 21; p. 178, s. 32. 



WILD ANIMALS, DOGS, AND SHEEP. 185 

29. Corn and eye. The standard weight of corn and 
rye shall be fifty-six pounds per bushel ; of corn and rye 
meal, fifty pounds per bushel ; of wheat, beans, pease, and 
potatoes, sixty pounds per bushel ; and of oats, thirty-two 
pounds per bushel ; but sales of either of said articles may 
be made, by express agreement of parties, in any other 
way. — Id., s. 8. 

30. In Portsmouth. See Gen. Laws, c. 123. 



CHAPTER XXXI. 

WILD ANIMALS, DOGS, AND SHEEP. 

1. Wolves. If any person shall kill any wolf or wolf's 
whelp within this state, and shall produce the head thereof 
to the selectmen of the town in which it was killed, or, if 
there be no selectmen in such town, then to the selectmen 
of the nearest town having such officers, and shall prove to 
the satisfaction of such selectmen that such wolf or wolf's 
whelp was killed by himself or by some person whose agent 
he is, the selectmen shall cut off the ears from the head so 
produced, and shall otherwise so disfigure the same that it 
shall never again be offered for a bounty, and shall pay to 
such person or his order twenty dollars for every wolf and 
ten dollars for every wolf's whelp killed as aforesaid. — 
G. L., c. 115, s. 1. 

2. Bears. If any person shall kill any bear within this 
state, and shall proceed with the same as is directed in the 
first section of this chapter, he shall receive therefor the 
sum of four dollars. — Id., s. 2. 

3. Wild-cats. If any person shall kill any wild-cat, 
known by the name of Siberian lynx, within this state, and 
shall proceed with the same in the manner directed in the 



186 WILD ANIMALS, BOGS, AND SHEEP. 

first section of this chapter, he shall receive therefor the 
sum of one dollar. — Id., s. 3. 

4. Bounties refunded. The selectmen of every such 
town shall keep a true account of the money so paid, and 
the number of each species of animals for which bounties 
have been paid, and upon presentation of such account, cer- 
tified by a majority of such selectmen to be just and true, to 
the treasurer of the state in the month of June, the same 
shall be paid from the state treasury, either to the repre- 
sentative of such town or to the selectmen thereof, or upon 
their written order. — Id., s. 6. 

5. Account for bounties. The form of an account 
for bounties paid may be : 

The state of New Hampshire to the town of debtor : 

18 — . Dec. 1. To cash paid for bounty on 

one bear killed by him in said 

town, 14.00 

18 — . Dec. 5. To cash paid for bounty on 

one wolf killed by him in said 
town, 20.00 

To cash paid him for bounty on one 
wolf's whelp killed by him in said 
town, 10.00 



134.00 
We hereby certify that the foregoing account is just and 

true. Said animals were killed by the said in said 

town, and their heads were brought to us and by us disfig- 
ured as required by law. 

! Selectmen 
of 



6. Woodchucks. The law of 1883 having proved enor- 
mously expensive, (1) it was repealed by chapter twenty-nine 
of the Laws of 1885. 



WILD ANIMALS, DOGS, AND SHEEP. 187 

(1) The selectmen of every such town shall keep a true account of the moneys paid 
as bounty on woodchucks, and upon presentation of such amount, certified by a major- 
ity of such selectmen to be just and true, to the treasurer of the state in the month of 
June, the same shall be paid from the state treasury, either to the representative of such 
town or to the selectmen thereof, upon their written order. — Laws of 1883, c. 87. 

7. Dogs without collars. No person shall be liable 
by law for killing any dog which shall be found (1) not 
having around his neck a collar of brass, tin, or leather, with 
the name of the owner carved or engraved thereon. — Id., 
s. 7. 

(1) Trover will lie if the person killing convert the dog to his own use.— 1 Met. 355; 
109 Mass. 273. 

A dog is not to be killed if under the immediate care of the owner, and this is known. 
See 18 Pick. 262; 10 Met. 382. If duly licensed and collared and restrained, as required 
by statute, a dog may not be killed upon the owner's premises by one in no danger from 
it, merely because accustomed to bite those who come near it.— 109 Mass. 273. 

8. By-laws foe. Any town may make by-laws for 
licensing, regulating, or restraining dogs as they shall deem 
expedient, and may affix (1) penalties for the violation 
thereof not exceeding five dollars ; and the sum to be paid 
for a license shall not be less than two dollars on male dogs 
and five dollars on female dogs. — Id., s. 8. 

(1) Whether any penalty could be recovered except against an inhabitant of the town, 
see 10 Met. 382; 6 Cush. 248. 

9. Selectmen may make. Whenever any town has 
neglected to make by-laws for licensing, regulating, and re- 
straining dogs according to the preceding section, the select- 
men of said town shall make such by-laws as they shall 
deem expedient, and shall affix penalties for the violation 
thereof, not exceeding five dollars ; and the sum to be paid 
for a license shall be the same as prescribed in the preced- 
ing section ; said by-laws to be in force till changed by them 
or by the town at a legal meeting. — Id., s. 9. 

10. Owners, when liable. Any person to whom or 
whose property any damage may be occasioned by a dog not 
owned or kept by said person, shall be entitled to recover 
(1) of the person who owns, or keeps, (2) or has said dog 



188 WILD ANIMALS, DOGS, AND SHEEP. 

in possession, all damages which may be so occasioned, ex- 
cept in cases where the same have been occasioned to the 
party suffering such damage while engaged in the commis- 
sion of a trespass or other tort. — Id., s. 7. 

(1) The owner or keeper is liable under the statute whether he had notice of the vi- 
cious habit or not.— 51 It. 114; see post s. 11 (1). 

The action probably must be debt unless knowledge by the defendaut of the vicious 
propensities of the dog is shown, which will render him liable at common law. See Di- 
gest, p. 244, ss. 12, 15. Notice of a single act of mischief is evidence of knowledge.— 16 
R. 77; Digest 289, s. 1. See also 10 Cush. 509. 

A joint action will not lie against two separate owners of dogs, although the mischief 
has been done by the dogs jointly. And in an action against each owner he is liable only 
for the injury done by his own dog; but if the dogs were of equal power, and there are 
no circumstances to render it probable that greater damage was done by the one than 
by the other, each owner may be held for one half.— 20 Pick. 477, 479; 2 Conn. 206. 

(2) Keeper, see 52 R. 368 ; 3 Allen 101. 

(a) Evidence of the dog's character has been held inadmissible, upon the issue as to 
whether he did the injury or not.— 48 Vt. 57. 

11. Double damages. Every owner or keeper (1) of a 
dog shall forfeit to every person injured by it double the 
amount of damage sustained by him, to be recovered in an 
action of debt. — Id., s. 8. 

(1) This section is the same as section 1 of the act of 1863, which appears to have been 
taken verbatim from s. 13, c. 58, of the Mass. Rev. Sts. ; which their court, in 1847, held 
would enable a father to recover for expenses incurred for his minor child that had been 
bitten by a dog. -12 Met. 291. 

The party injured has his election to proceed against the owner or keeper under sec- 
tion 7 or 8, and if under the latter it is no defence that the owner or keeper had no no- 
tice of the vicious habits of the animal; nor is the law unconstitutional.— Orne v. Bob- 
erts, 51 R. 110 ; Cruig v. Gerrish, 58 R. 513. 

12. Tax upon dogs. The selectmen or assessors of 
every town, when making the annual invoice of taxable es- 
tates, shall ascertain the number of dogs owned, kept, or 
harbored by any person resident in their town, and shall 
annually assess upon such persons, for every dog so owned, 
kept, or harbored, if a male, one dollar, and if a female, two 
dollars, to be collected and paid into the treasury of the 
town as other town taxes. — Id., s. 12. 

13. Account of sums received. The treasurer of 
every town shall keep an accurate and separate account of 
all sums received from taxes upon dogs, which shall at all 



WILD ANIMALS, DOGS, AND SHEEP. 189 

times be open to the examination of any legal voter of such 
town ; and he shall likewise keep an accurate and separate 
account of all sums paid out from the proceeds of such taxes 
under the provisions of this chapter, open to like examina- 
tion. — Id., s. 13. 

11. How applied. Every person suffering loss or dam- 
age by reason of the worrying, maiming, or killing of his 
sheep, lambs, or other domestic animals by a dog, may, 
within thirty days after he knows of such loss or damage, 
present to the selectmen of the town wherein such loss or 
damage happens, proof (1) of the nature and extent there- 
of ; and they shall draw an order in favor of the person suf- 
fering such loss or damage upon the treasurer of said town 
for the amount of the same. — Id., s. 14. 

(1) This should be by affidavit, and the evidence filed with the clerk. 

15. Pro rata division. The treasurer of each town 
shall register all such orders at the time of their presenta- 
tion, and annually, on the first day of March, pay them in 
full, if the gross amount received by his town from taxes on 
dogs, and not previously paid out, shall be sufficient for that 
purpose ; otherwise he shall divide such amount pro rata 
among such orders, in full discharge thereof. — Id., s. 15, as 
amended by c. 31 of the Laws of 1885. 

16. Remedy over by town. After such order has 
been drawn, the city or town may recover, in an action of 
assumpsit (1) against the keeper or owner of any dog con- 
cerned in doing the damage or occasioning the loss, the full 
amount of the actual damage or loss. — Id., s. 16. 

(1) The count may be for money paid, laid out, and expended for the defendant and 

at his request t* , the owner of certain sheep, for damages to him for injuries to them 

from a certain dog of which the defendant was the owner and keeper, as provided by 
chapter 115 of the General Laws. 

17. Election by owner. The owner of sheep, lambs, 
or other domestic animals worried, maimed, or killed by 
dogs, shall have his election whether to proceed under the 



190 WILD ANIMALS, DOGS, AND SHEEP. 

provisions of the preceding section or the tenth section of 
this chapter ; but having signified such election by com- 
mencing a suit or obtaining an order, he shall not have the 
other remedy. — Id., s. 17. 

18. Unexpended balance. All money arising from 
the taxation of dogs, remaining in the treasury of any town 
or city on the first day of April annually, which has not 
been ordered to be paid for damages to domestic animals, 
agreeably to the provisions of this chapter, may be applied 
to the support of schools, or retained in the treasury of the 
town or city for the purpose of paying damages done to 
domestic animals, according to said statute, as the town or 
city council shall by vote determine. — Id., s. 18. 

19. Brand or ear mark. Any person may mark in 
the ear or brand his sheep as he may think proper, and 
cause a description of such mark or brand to be recorded (1) 
by the town-clerk of the town in which he resides, or in 
which his sheep may be kept ; and the town-clerk shall be 
entitled to receive six cents for recording the same. — Id., s. 
19. 

(1) The form of notice of a brand or ear-mark may be,— 

BRAND OR EAR-MARK UPON SHEEP. 

The undersigned gives notice that he has marked his sheep as follows: [Here de- 
scribe the brand or mark.] 

Dated at , this day of , 18—. 

A B . 

20. Deeacing. If any other person shall wilfully alter, 
cut out, or deface the marks or brand of any such sheep, 
or if any under pretence of marking the same shall cut off 
the ear or ears of any sheep, he shall forfeit five dollars to 
the use of the person who will sue for the same. — Id., s. 20. 

21. August to December. If any person shall wil- 
fully or negligently suffer any ram belonging to him or in 
his care to go at large out of his enclosure between the first 
day of August and the first day of December in any year, 
he shall forfeit for every such offence the sum of five dol- 



WILD ANIMALS, DOGS, AND SHEEP. 191 

lars, for the use of any person who will sue for the same, or 
who shall impound such animal. — Id., s. 21. 

22. Fish and game wardens. Every town or city 
council in this state shall, at some regular meeting, choose 
one or more fish and game wardens, whose duty it shall be 
to see that the laws for the preservation of fish in the waters 
within the limits of such town or city, or upon which it may 
border, and also the laws for the preservation of game within 
such limits, are duly observed, and such wardens shall be 
sworn to the faithful performance of their duties ; and in 
default of such choosing, the state commissioners shall ap- 
point (G. L., c. 176, ss. 4, 5) ; and the town or city council 
so neglecting is liable to a penalty of fifty dollars, to be paid 
to the state treasury. — Laws of 1881, c. 22. 

23. Totvxs MAY prohibit FISHIXG. Any town or city 
in this state may, at any meeting duly notified and holden 
for that purpose, by major vote of such town or of the city 
government of such city, prohibit fishing in any waters ex- 
clusively in such town or city, for any period not exceeding 
three years, for the purpose of stocking said waters with any 
kind of desirable fish ; and any violation of such prohibi- 
tion by any person shall be prosecuted by the warden, and, 
if proved to the satisfaction of the magistrate, shall be pun- 
ished in the same way as is provided in the preceding (1) 
section. — Id., s. 9. 

(1) That is, by a fine not exceeding twenty dollars, imprisonment not exceeding sixty 
days, or both, for each offence. 



CHAPTER XXXII. 

SUBJECTS OF TAXATION. 

1. Polls. All male polls from twenty-one to seventy 
years of age are liable to be taxed, except paupers and in- 
sane persons. — G. L., c. 53, s. 1. 



192 SUBJECTS OF TAXATION. 

(a) Aliens are taxable.— 8 R. 572; Digest, p. 164 (h). 

(b) A temporary absence does not exempt from taxation.— See ante p. 62, ss. 13, 14, 15. 

(c) " Insane," see ante p. 3, s. 17. 

2. Real estate. Real estate, (1) whether improved 
or unimproved, and whether owned by residents or others, 
is liable to be taxed, except houses of public worship, school- 
houses, seminaries (2) of learning, and property of the state, 
county, or town, other than county and town poor-farms ; but 
almshouses on county farms shall be exempt from taxation. 
And the lots of land selected and purchased in this state by 
the United States, for the purpose of erecting lighthouses 
and other public buildings, with the buildings thereon, shall 
be exempt from taxation. — Id., s. 2. 

(1) Real estate owned by a savings-bank, and purchased with the deposits and arcu- 
mulations of the bank, is not under this section subject to taxation as real estate in the 
place where located.— 52 R. 17. 

(2) Lands and buildings used exclusively for the purpose of an academy or seminary 
for the instruction of females, agreeably to the faith and pra-tice of the Roman Cath- 
olc church, and for dormitories and convenient out-buildings in conHection there- 
with, were held exempted under this provision. — Warde v. Manchester, 56 R. 508. 

3. What it includes. Buildings, mills, carding-ma- 
chines, factory buildings, and machinery, wharves, ferries, 
toll-bridges, (1) locks and canals, and aqueducts, any por- 
tion of the water of which is sold or rented for pay, are tax- 
able as real estate : and the real estate of mining companies, 
or of persons owning or discovering mines of gold, silver, 
lead, copper, iron, tin, mica, or zinc, shall be appraised and 
taxed at its value, independently of the existence of said 
mines, until such time as the proprietor or proprietors of 
said mines or mining companies are able, out of the profits 
of the business, to declare dividends. — Id., s. 3, as amended 
by chapter 25 of the Laws of 1885. 

(1) Toll-bridges across the Connecticut are taxable in this state.— 8 R. 207. 

4. Swamps reclaimed. Any person who shall reclaim 
any swamp or swale lands by underdraining, ditching, or 
irrigation, either or both, or in any other manner, for pur- 
poses of agriculture, shall be entitled to exemption from 



SUBJECTS OF TAXATION. 193 

taxation on said improvement for a term of ten years from 
the time when said improvement shall be made to the sat- 
isfaction of the selectmen of the towns in which said lands 
are situated. But the provisions of this section shall not 
apply to lands adjacent to villages or cities which shall be 
so improved for the purpose of building-lots or speculation. 
—Id., s. 4. 

(a) The constitution does not exempt church property from taxation in the discre- 
tion of the legislature.— Franklin St. Society v. Manchester, 60 R. 342. A building 
used partly as a dormitory and students' boarding-house, and partly as a public house, 
is not exempted as " estate given to the trustees for the use of the Academy," the rule 
being that a special exemption from taxation will be construed most strongly against 
those who claim the exemption.— Academy v. Exeter, 58 R. 306. 

5. Railroad lands. The real estate of railroads, not 
used for the ordinary and usual purposes in operating the 
roads, and all real estate so used for which no part of the 
capital was expended, so that the same may be included in 
the special assessment provided by law in the case of rail- 
roads, shall be appraised and taxed as real estate. — Id., s. 5. 

6. Personal estate. Personal estate liable to be 
taxed is, — 

I. Stock in public funds, including all United States, 
state, county, city, or town stocks or bonds, not exempt 
from taxation by the laws of the United States. 

II. Stock in corporations in the state, except manufac- 
turing and railroad corporations. 

III. Stock in corporations located out of the state, owned 
by persons living in the state, which is not assessed and 
taxed to the individuals owning the same by the towns 
where such corporations are located. 

IV. The surplus capital on hand of banking institutions. 

V. Money on hand or at interest, more than the owner 
pays interest for, including money deposited in any bank 
other than a savings-bank within this state, or loaned on 
any mortgage, pledge, obligation, note, or other security, 
whether on interest, or interest be paid or received in ad- 
vance. 



194 SUBJECTS OP TAXATION. 

VI. Stock in trade, whether of merchants, shop-keepers, 
mechanics, or tradesmen employed in their trade or busi- 
ness, reckoning the same at the average value thereof for 
the year ; raw materials and manufactures of any manufac- 
tory; wood, timber, logs, and lumber, manufactured, or 
otherwise, if exceeding fifty dollars in value ; and fishing ves- 
sels, steamboats, horse-boats, or other vessels owned by indi- 
viduals and navigating the waters of the state, and sea-going 
vessels for the transportation of passengers or freight, for 
the purposes of taxation, to be deemed stock in trade. 

VII. Carriages, if exceeding fifty dollars in value. 

VIII. Horses, asses, and mules over eighteen months 
old. 

IX. Oxen, cows, and other neat stock over eighteen 
months old. 

X. Sheep and hogs six months old : but two such hogs 
to each family shall be exempt from taxation. — Id., s. 6, as 
amended by s. 8 of c. 57 of Laws of 1879. 

(1) In this state the statute describes the different classes of personal property to be 
taxed, and no other is taxable. — 46 R. 392. 

(2) All United States bonds, treasury notes, " and other obligations of the United 
States," are exempted from taxation "by or under state or municipal authority."— Act 
of June 30, 1864, ss. 1, 13; 53 R. 634. 

No general law of the United States or of this state exempts state, county, city, or 
town stocks or bonds, and they are all taxable as "stock in public funds." — See s. 10 
post;— see, also, post p. 197, s. 5 (1). 

(3) It has been held that the stockholder here is not taxable, although the tax out of 
the state was against the corporation (37 R. 556, Digest, p. 597, s. 42, 54 R. 406) and 
that money deposited in a Massachusetts savings-bank by an inhabitant of this state 
is not taxable here.— 59 R. 288, 521. 

(4) An agreement in this form, " Due to S. G. $10,000, to be paid as wanted for her 
support; if no part is wanted, it is not to be paid," is not a promissory note, nor evi- 
dence of a debt, and the holder is not taxable on account of it, if such was thereat 
transaction.— 28 R. 419, 435; see post c. 34, s. 5 (1). 

(5) Wood, timber, and lumber, owned by a railroad corporation for present use in 
operating and repairing its road, is not taxable by the selectmen. — 47 R. 62. 

(6) Webster's definition of stock as " capital, money, or goods employed in trade" 
sufficiently indicates the meaning of " stock in trade." But when money is thus taxed, 
it is not also to be taxed as " money on hand or at interest." 

7. If no dividend. Stock in corporations shall not be 
taxed if the nature and purpose of the corporation be such 
that no dividend of its profits is to be made. — Id., s. 7. 



SUBJECTS OF TAXATION. 195 

8. Double taxation. No statute provision shall be so 
construed as to subject any stock to double taxation. (1) 
—Id., s. 8. 

(1) Our court in theory recognizes the rule of no double taxation to the same party 
for the same property, and no unequal taxation. It holds that a tax cannot constitu- 
tionally be assessed both against the corporation for its property and against the stock- 
holders for their shares (63 R. 167, 60 R. 87 94, 95, 156, 219, 46 R. 389, 52 R. 17), nor 
money on deposit in a Massachusetts savings-bank by an inhabitant of this state be 
taxed to him here. — 59 R. 288, 521 ; see, also, ante p. 194 (3), and post p. 198 (1). 

Yet it holds that money invested in the bonds of a railroad corporation in this state 
is taxable as money at interest, and that a mortgagor may be taxed for the land as if 
unincumbered, although the savings-bank to which it is mortgaged is also taxed for all 
of the deposits, including those loaned upon mortgages. —Sawyer v. Nashua, 59 R. 404; 
Morrison v. Manchester, 58 R. 538. 

9. Railroads. Railroads and the stock therein shall be 
taxed only in the mode specially prescribed therefor, except 
real estate, as provided in section four of this chapter. — Id., 
s. 9. 

10. Ten years' exemption. Towns may by vote exempt 
from taxation, for a term not exceeding ten years, any estab- 
lishment therein, or proposed to be erected or put in opera- 
tion therein, and the capital used in operating the same for 
the manufacture of fabrics of cotton, wool, wood, iron, or 
any other material ; and such vote shall be a contract bind- 
ing for the term specified : Provided, that no manufacturing- 
establishment, or the capital used in operating the same, 
which shall be removed from one town or city in this state 
to another town or city in this state, shall, as a condition of 
such removal, be so exempted from taxation by the town or 
city to which the same shall be removed. — Id., s. 10, as 
amended by c. 95 of the Laws of 1885, taking effect on the 
first day of January, 1886. 

(a) Ship-building. Any town in this state may by vote authorize its proper officers 
to make contracts with individuals t > exempt from taxation, for a term not exceeding 
ten years, all materials of wood, copper, iron, and steel used in the construction and 
building of ships and vessels constructed therefrom while in the process of construc- 
tion.— Laws of 1881, c. 3. 

(b) The court, without deciding the right of the legislature to authorize such an 
exemption, informed the house of representatives that " so long as the existing laws 
remain unrepealed, and the constitutional construction heretofore adopted remains 
unchanged, contracts hereafter made under those laws and that construction will be 



196 SUBJECTS OF TAXATION. 

valid, and if the legislature for any reason wish to prevent the making of any more such 
contracts, their object can be accomplished by a repeal of the laws authorizing them." — 
Opinion of the justices, 58 R. 623. The court also holds that there cannot be a second 
exemption by the legislature.— 63 R. 320. 

11. Loans TO towns. Any town in this state, at any 
legal meeting holden therein, may, by a majority of the 
legal voters present and voting at said meeting, authorize 
their selectmen to hire money of individuals living in the 
town at a rate of interest not exceeding five per cent, per 
annum, exempting all moneys thus loaned from taxation. — 
Id., s. 11. 

12. Between April and September. Any person 
going into any town in this state, taking with him any prop- 
erty or estate, and doing business therein with such property 
or estate, after the first day of April and before the first day 
of September of any year, shall be taxed on such property 
and estate in said town not previously taxed therein for the 
same year on any day between said dates, upon like notice 
and in like manner as is now by law provided when any 
person or property has escaped taxation : Provided, that if 
the owner or legal custodian of such estate shall furnish evi- 
dence satisfactory to the assessors of said town that the 
same estate, or any part of it, was assessed for taxation, and 
all legal rates and taxes upon it for the same year paid in 
any other town in this state, the taxes assessed according to 
the provisions of this act shall be abated to the extent of the 
taxes assessed and paid in some other town in this state as 
aforesaid ; and provided, that the provisions of this act shall 
not apply to estate with reference to which a license may 
have been procured, according to the provisions of chapter 
one hundred and nineteen of the General Laws. — Laws of 
1881, c. 11. 



WHERE TAXED, AND TO WHOM. 197 

CHAPTER XXXIII. 

WHERE TAXED, AND TO WHOM. 

1. At place of residence. Every person shall be 
taxed in the town of which he is an inhabitant or resident 
on the first day of April for his poll and estate, except in 
cases otherwise provided by law. — G. L., c. 54, s. 1. 

(1) The residence intended is the legal residence {ante p. 62, s. 14). 

(2) For persons coming in between April and September, see ante p. 196, s. 12. 

2. For education only. Residents in any town merely 
for the purpose of obtaining an education will not subject a 
person so residing to taxation in such town. See ante p. 68, 
s. 33. 

3. Soldiers and sailors. All soldiers (1) serving in the 
late Rebellion, and disabled from manual labor in conse- 
quence of that service, shall be and are hereby exempted 
from paying poll tax. — G. L., c. 54, s. 2. 

(1) By chapter seven of the Laws of 1883, any soldier or sailor of the war of the Rebel- 
lion who shill, on or before the first day of April, present to the selectmen for inspec- 
tion and record a pension certificate awarding to him an invalid pension rated at or 
above, total, for his grade of service, shall be exempt from poll tax, and the record of 
the certificate is to be made by the selectmen in a book to be kept for that purpose. 

4. Removal after April first. If any person re- 
moves (1) from town on or after the first day of April, he 
shall pay his taxes that year in the town from which he 
removed. — Id., s. 3. 

(1) What is a removal, see ante p. 63, s. 15. 

5. Surplus capital. The surplus capital (1) on hand 
in banking institutions shall be taxed in the towns wherein 
such banking institutions are located. — Id., s. 4. 

(1) The undivided profits of a national bank, beyond the amount required by law to 
be kept as surplus funds, are taxable although invested in government bonds. — Bank v. 
Concord, 59 R. 75; Bank v. Dover, 58 R. 316; Bank v. Peterborough, 56 R. 38. 

6. Stock in corporations. Stock in corporations, (1) 
except railroads and manufacturing corporations, though 



198 WHERE TAXED, AND TO WHOM. 

pledged, mortgaged, or assigned as security, shall be taxed 
to the general owner thereof in the town in which he resides, 
if in this state ; otherwise to the corporation in the town in 
which its principal office or place of business in the state is. 
—Id., s. 5. 

(1) A savings-bank owning stock in another corporation in not taxable for it, since 
the tax for its deposit covers it.— 46 R. 389; ante p. 195, s. 8 (1). 

7. Stock in public funds. United States, state, county, 
city, or town stocks or bonds, not exempt (1) from taxation by 
the laws of the United States, shall be taxed to the owner 
in the town where he resides. — Id., s. 6. 

(1) Money invested in the bonds of a railroad corporation, incorporated in this state, 
i3 taxable as money at interest.— Sawyer v. Nashua, 59 R. 404; ante p. 195 (1). 

8. Bank stock. Stock in banks shall be taxed to the 
owner, if resident in this state, in the town where such 
owner resides. If he resides out of the state, in the town 
where the bank is located. — Id., s. 7. 

9. Corporation tax. Taxable property of corporations, 
and property taxable to corporations, shall be taxed to the 
corporation by its corporate name (1) in the town in which 
it is located, except where other provision is made. — Id., 
s. 8. 

(1) An immaterial variation in the name will not vitiate the tax. — 37 R. 309. 

10. Animals and stock in trade. Animals liable to be 
taxed kept in any town, and stock in trade employed in any 
town, owned by a person not resident therein, shall be taxed 
in such town to the owner or person having the care thereof 
on the first day of April, whether such person be a resident 
in the town or not ; and the consent of the person having 
the care of the animals kept in any town, or of stock in trade 
employed in any town, owned by a person not resident 
therein, to be taxed for the same, shall not be necessary to 
a valid tax against him for the same, but he shall have a 
lien thereon for the amount of such tax paid by him. — 
Id., s. 9. 



WHERE TAXED, AND TO WHOM. 199 

11. Fishing vessels. Fishing vessels employed in any 
business or trade transacted at any port, and sailing from or 
returning to such port to discharge their cargo, shall be 
taxed in the town within which such port is, as stock in 
trade ; but this provision shall not apply to fishing vessels 
owned in the state which sail to and from, and whose busi- 
ness is done at ports or places out of the state. — Id., s. 10. 

12. To owner OR OCCUPANT. Real and personal prop- 
erty shall be taxed to the person claiming the same, or to 
the person who is in the possession and actual occupancy 
thereof, if such person (1) will consent to be taxed for the 
same ; but such real estate (2) shall be taxed in the town 
in which it is situate — Id., s. 11. 

(1) The occupant thus taxed with his consent becomes personally liable for the tax, 
and non-payment of it will prevent his gaining a settlement. — 45 R. 564; Digest, p. 20, 
ss. 49, 50. 

When real estate which should be taxed as resident is taxed as non-resident, payment 
cannot be enforced by sale of the land.— 59 R. 588. It is not liable for the poll-tax of a 
person in possession not the owner.— 59 R. 392. 

(2) This is the rule of the constitution; and long acquiescence in a different taxation 
is held not to pr elude the owner from resisting further erroneous assessments. — 
Weeks v. Gilmanton, 60 R. 500. And so real estate belonging to a savings-bank is tax- 
able to the ba ik ia the town or place where the real estate is situated.— 46 R 389; Di- 
gest, p. 597, s. 47. Lands leased for 999 years it is considered may be taxed to either the 
lessor or the lessee.— Railroad v. The Stute, 60 R. 133. 

13. In unorganized places. Personal property being 
on the first day of April in any unorganized place, the owner 
of which resides in an organized town or place, may be 
taxed to the owner in the town or place where he resides. — 
Id., s. 12. 

14. Wood, timber, logs, and lumber. Wood, bark, 
timber, logs, and lumber, (1) manufactured or other, ex- 
ceeding fifty dollars in value, shall be taxed at its full value 
in the town where it is, on the first day of April, to the 
owner, if he then resides in such town ; otherwise to the 
owner or the person having it in his care or custody on that 
day ; and any person or corporation permitting such property 
to be laid on their premises shall be deemed to have the 



200 



WHERE TAXED, AND TO WHOM. 



same in their care or custody, and shall have a lien on the 
same for the payment of said taxes ; and when any wood, 
bark, logs, or lumber liable to be taxed shall be owned by a 
person residing out of the town where the same is situated 
on the first day of April, and is not in the custody of any 
person residing in such town, the same shall be taxed to the 
owner thereof ; and said town shall have a lien thereon for 
the payment of the taxes. — Id., s. 13. 

(1) Wood and lumber of a railroad corporation purchased for its own use, wherever 
situate, is not taxable, as it is included in the general assessment against the corpora- 
tion. — 47 R. 62, 70. Such property when stock in trade is properly taxable under s. 10 
ante. 

15. Notice. Such property shall not be taxed to the 
person or corporation permitting the same to be laid upon 
their premises, unless one of the selectmen or assessors, prior 
to or at the time of their taking the invoice, gives notice (1) 
in writing to such person or corporation, or to the agent or 
tenant of such person or corporation having the care or 
supervision of their property in such town, stating the kind 
of property, the place where it is laid, and that they intend 
to tax the same ; and an affidavit by the selectman or asses- 
sor giving the notice that such notice was given shall be 
evidence of the fact. — Id., s. 14. 

(1) The form of the notice may be as follows : 

To , depot-master, and agent of the Railroad Corporation: 

You are hereby notified that we intend to tax the following described lumber lying 

upon the premises of said corporation, at the depot in the town of : [Here insert 

a description of the lumber, with the marks upon it, if any.] 

Witness our hands at said , this — day of , 18—. 

Selectmen 
of 



, 18—. I hereby certify that on this first day of April, instant, I gave to [or, 

"left at the abode of"] , above mentioned, a notice in writing, of which the above 

is a true copy. 

, Selectman of . 

Certificate of oath, as in s. 9 (c), p. 122. 

The copy and certificate should be returned to the town-clerk. 

16. On its way to market. When such property is 
in any town other than that in which it was cut, on the 



WHERE TAXED, AND TO WHOM. 201 

first day of April, on its way to market, or temporarily de- 
layed therein on its way to market, if the owner, residing in 
the state, furnishes to one of the selectmen or assessors of 
such town, on or before the fourth day of said April, a state- 
ment (1) under oath, signed by himself and by one of the 
selectmen or assessors of the town where the owner resides, 
specifying the amount of said property, and that the same 
has been given in by the owner for taxation in that month, 
in the town where the owner resides, it shall there be taxed. 
Id., s. 15. 

(1) The form of such statement may be, — 

I, , of the town of , and I , one of the selectmen of said town, hereby cer- 
tify that fifty thousand feet of spruce timber lying [here describe the place], on the 
first day of April, instant, on its way to market, has been given in for taxation, in said 

mouth, by said , the owner thereof, in the town of , where he resided on said 

first day of April, and now resides. 

B , April 3, 18—. 

Certifica'e of oath, as in s. 9 (c), p. 122. It would be well to preserve a copy. 

IT. Upon waters not in any town. Timber, logs, 
and lumber lying in or upon any body of water of this state, 
outside the boundary or limits of any town (1) therein, shall 
be taxed at its full value in the town nearest and opposite 
such property. — Id, s. 16. 

(1) It has been held that since taxation is the equivalent of protection, such logs 
upon a river or other body of water outside of a town cannot constitutionally be 
assessed for the local purposes of the town. — Berlin Mills Co. v. Wentworth's Location 
60 R. 156. 

18. Owner to be notified. The selectmen of said 
town shall, at the usual time of appraisal, make an inventory 
of the said property, and give notice (1) to the owner there- 
of or his agent, immediately after the apportionment of the 
town tax, stating the amount of taxes thereon ; and the said 
owner or owners shall pay, or cause to be paid, all the taxes 
thereon assessed, before the removal of the said property, or 
give satisfactory evidence to the town collector of his or 
their ability to pay such assessment. — Id., s. 17. 

(1) See ante s. 17 (1). There would seem to be need of further legislation in view of 
the decision of the court. 



202 WHERE TAXED, AND TO WHOM. 

19. Lien of the town. Such town shall have a lien 
upon the said property for the payment of all taxes thereon ; 
and any person removing such property before complying 
with the provisions of the previous section shall be liable to 
a fine of not more than two hundred dollars ; and it shall be 
the duty of the selectmen of said town to make complaint (1) 
for a violation of the provisions of this section before some 
justice of the peace and of the quorum throughout the* state, 
who, on sufficient evidence, shall hold the offender in suffi- 
cient surety for his appearance at the supreme court next 
holden in the county where said town is located, or until 
such fine is paid ; and the said fine shall go to the town mak- 
ing the complaint. — Id., s. 18. 

(1) To A B, of , a Justice of the Peace and of the Quorum throughout the state : 

The undersigned, selectmen of the town of , for the year 18—, on oath complain 

against E D, of , and say that they, as selectmen of said town, at the usual time 

of appraisal, made an inventory of certain timber, logs, and lumber [describe it] lying 

in and upon the , a body of water in this state, outside the boundary or limits of 

any town therein, but nearest and opposite to the said town of , and taxed the same 

in said town at its full value, to wit, dollars, and gave notice thereof to , of 

, the owner of said timber, logs, and lumber [to , of , the agent of the 

owner of said timber, logs, and lumber], stating the amount of taxes thereon, imme- 
diately after the apportionment of the town tax of said town, to wit, on the day 

of , 18 — , which said notice was in writing, and duly served. Yet said owner has 

not paid or caused to be paid said tax, nor given to the collector of said town satisfac- 
tory evidence of his ability to pay such assessment, but on the contrary the said 

has removed the said timber, Iojs, and lumber, contrary to the statute in such case 
made and provided, and against the peace and dignity of the state. Wherefore they, 

the said selectmen, pray that the said may be held to answer to this complaint, 

and that justice be done in the premises. 
Date, signatures, oath, and warrant, as in other cases. 

20. Refusal of occupant. If any person not the 
owner is living on any farm or in any house on the first day 
of April, and refuses (1) to be taxed for it, it shall be taxed 
as resident by the number of the lot, or such other descrip- 
tion as it is commonly known by, with the name of the oc- 
cupant as such ; and estate so taxed shall be holden and lia- 
ble to be sold, in the same manner as the real estate of resi- 
dents is holden and sold for taxes. — Id., s. 19. 

(1) See ante s. 12 (1), and post s. 21 (1). 



WHERE TAXED, AND TO WHOM. 203 

21. If no one in possession. If no person is in posses- 
sion or occupation of any building deemed by the selectmen 
to be tenantable, or of any other real estate improved as 
pasture, mowing, arable, or otherwise, the same shall be 
taxed as non-resident by such description as it may be read- 
ily known by, with the name of the owner, if known. But 
if any tenant in common, or joint tenant in possession of 
any real estate of the kinds specified in this and the preced- 
ing section, refuses (1) to be taxed beyond the shares claimed 
by him, and no other person is in possession, the other shares 
shall be taxed as non-resident, with such description of the 
land as it may be readily known by, the name of the person 
in possession, and the names of the owners of the shares for 
which he refuses to be taxed, if such owners are known. — 
Id., s. 20. 

(1) Except in the case of such refusal, real estate in the possession and actual occu- 
pation of a person living upon it should be taxed as resident. — Perley v. Stanley, 59 R. 
587. 

22. Unimpkoved lands of non-residents. — Unim- 
proved lands of non-residents shall be taxed in the name of 
the owner, (1) if known ; otherwise in the name of the orig- 
inal proprietor, if known ; otherwise without any name, and 
by the number of lot and range, and the quantity thereof if 
lotted, or by such other description (2) as it may be readily 
known by. — Id., s. 21. 

(1) This direction must be complied with, or the land is not legally taxed; but if the 
name is omitted it will be presumed, till the contrary is shown, that it was not known. — 
21 R. 400; 17 R. 420; 6 R. 182; Digest, p. 598, ss. 62-64. 

Non-resident real estate cannot be taxed directly to the owner.— Bowles v. Clough, 
55 R. 389. 

An assessment upon land of a non resident owner, in the name of one who is not the 
owner nor original proprietor, nor in the possession or occupation of the premises, is 
illegal, and'a sale for the tax will give no title.— Thompson v. Ela, 60 R. 562; Thomp- 
son v. Gerrish, 57 R. 85. 

In T hornpson v. Gerrish, knowledge of one of the selectmen of the true ownership 
was held sufficient to charge the board with knowledge of the ownership. But if the 
title is doubtful, and especially if it is in litigation, it is conceived that the selectmen 
may properly proceed under the second or third clause, as the case may be. 

(2) Description. A description as " sixty-eight acres, part of government right," is 
too indefinite.— 21 R. 400; Digest, p. 598, s. 66. A description as the "Jack Bemis 
farm " was held sufficient, where the land had been taxed by such description during 



204 WHERE TAXED, AND TO WHOM. 

previous years, and taxes paid without objection. "If the owners desired a different 
form of assessment, they should have made known to the selectmen what form they 
preferred."— Doe, C. J., in Sawyer v. Gleason, 59 R. 140. See Saunders v. Farmer. 

23. Estates of persons deceased may be taxed to the 
widow, any of the children, heirs, or other person (1) who 
will consent to be considered as in possession thereof ; oth- 
erwise to the heirs of such deceased person. — Id., s. 22. 

(1) It should be taxed " to the heirs " of the deceased, naming him, unless some one 
consents to be taxed for it.— See s. 12 ante. 

24. Administrator, guardian, trustee. The real 
and personal estate of any legatee (1) or ward, and all tax- 
able property held in trust, shall be taxed to the adminis- 
trator, guardian, or trustee; the real estate, in the town in 
which it is situate ; (2) and the personal estate, in the town 
in which such administrator, trustee, or guardian resides, if 
in this state, otherwise in the town in which such legatee, 
ward, or person beneficially interested resides ; but living 
animals and stock in trade shall be taxed in the town in 
which they are kept. — Id., s. 23. 

(1) If the administrator is himself a legatee, he may be taxed for the share coming to 
him.— 4 R. 118; Digest, p. 597, s. 39; and see Digest, p. 314, s. 247. 

(2) And the appointment of a special administrator shall in no case change the town 
or place for the taxation of the estate.— Laws of 1885, c. 56. 

25. Affidavit of removal. The selectmen shall as- 
sess all persons whom they believe (1) to be inhabitants of 
the town on the first day of April. If any person so assess- 
ed shall tender to the selectmen his affidavit, stating that 
before the first day of April he had removed from said town 
and become an inhabitant of any other specified place, and 
answer such interrogatories under oath as the selectmen 
may propose relative to his residence, they may suspend the 
collection of such tax. — Id., s. 24. 

(1) And they will be protected if they act in good faith, whether the person was an 
inhabitant or not.— 20 R. 117 ; Fletcher v. Drew, 48 R. 180. 

26. Certificate of taxation elsewhere. If the 
person so assessed and examined shall, on or before the first 
day of March following, produce to said selectmen the cer- 



WHERE TAXED, AND TO WHOM. 205 

tificate (1) under oath of the selectmen of any other town 
that he was assessed in that town as an inhabitant, and how 
much, and has paid the tax, and that the same is the legal 
tax for the year upon his poll and whole estate, the tax in 
such other town mav be abated : otherwise it shall be col- 
lected. — Id., s. 25. 

(1) The form of the certificate may be,— 

We certify that , of the town of , was assessed in said town in the 

month of April, 18 — , as an inhabitant, for the sum of dollars and cents, and 

has paid the tax, and that the same is the legal tax for said year upon his poll and 
whole estate. 

Witness our hands at said , this — day of . 18 — . 

Selectmen 
of 



27. Liex foe tax paid. Any person or corporation to 
whom any tax may be assessed upon the property of any 
other person or corporation, shall have a lien upon such 
property and the income or dividends thereof until such 
tax is repaid ; shall be allowed the same upon settlement of 
their accounts ; and shall have a right to recover the same 
against the owner by action for money paid to his use. — Id., 
s. 26. 

28. Secueity foe tax. The selectmen shall appraise 
and assess, in all taxes of the year, every stud-horse or ass 
kept in the town for the use of mares at any time after the 
first day of April, and may require the owner or person hav- 
ing the care of such animal to give security (1) to pay the 
tax thereon, or produce satisfactory proof within thirty days 
that such animal has been duly taxed in some other town in 
this state. — Id., s. 27. 

(1) This may be by deposit of money in pledge, or by bond with sureties, conditioned 
to pay the tax assessed or produce, satisfactory proof within thirty days that such ani- 
mal has been duly taxed in some other town in this state. 

29. If xot given, foefeituee. If the owner or per- 
son having the care of such stud-horse or ass shall not give 
reasonable security upon request, he shall forfeit (1) three 
times the amount of the tax so assessed, for the use of the 
town. — Id., s. 28. 

(1) la an action of debt, in the name of the town. 



206 INVOICES AND ASSESSMENTS. 

CHAPTER XXXIV. 

INVOICES AND ASSESSMENTS. 

1. Annually, in April. The selectmen of each town 
shall annually, in April, take an invoice of all the polls and 
estate liable to be taxed in such town on the first day of said 
month, and the blank invoice-books to be used hereafter by 
the selectmen and assessors in taking such invoice shall be 
prepared by the secretary of state, printed by the public 
printer, and seasonably furnished to the selectmen and as- 
sessors of the several towns and cities of this state. G. L., 
c. 55, s. 1, as amended by s. 9 of c. 57 of the Laws of 1879. 

2. Blanks to be furnished selectmen. It shall be 
the duty of the secretary of state annually, on or before the 
first day of March, to furnish, at the expense of the state, 
to the selectmen of each town and the assessors of the sev- 
eral cities, blank inventories, in convenient form, sufficient in 
number to meet the requirements of this chapter, and of all 
laws relating to the taxation of estates ; which said blank 
inventories shall be by him arranged in proper form, and 
with suitable interrogatories therefor. And said blanks 
shall be so arranged and formulated by said secretary as to 
require, under oath, and in answer to interrogatories therein 
set down, full information to be given therein by the person 
or corporation to be taxed, of the classes, in gross, and the 
amount thereof of each class, of his property and estate 
liable to be taxed, a description of all real estate taxable to 
such person or corporation, and such further information as 
will enable the selectmen or assessors to assess such prop- 
erty and estate at its true value. — Id., s. 2, as amended by 
ss. 1 and 4 of c. 46 of the Laws of 1879. 

3. And by them distributed. The selectmen and 
assessors shall deliver such blank inventory, or cause the 
same to be delivered, in hand to or left at the usual place of 



INVOICES AND ASSESSMENTS. 207 

abode or business of every person or corporation in their 
respective towns or cities, who, upon due inquiry by such 
selectmen or assessors, they shall have good cause to believe 
is liable to be taxed therein for any real or personal estate 
or property. And the same shall be so delivered or left on 
or before (1) the twentieth day of March in each year ; and 
every (2) such person or corporation shall, on or before the 
fifteenth day of April next thereafter, answer, in writing, in 
said inventory, the questions in said inventory set down and 
contained, and shall otherwise properly fill out said inven- 
tory, and subscribe and make oath to the truth of the same 
before some justice of the peace or a selectman or assessor, 
any one of whom is hereby empowered and authorized to 
administer such oath, so that the same may and shall furnish 
full and correct information of all such matters as are in 
said inventory, and, by the interrogatories therein set down, 
required, and deliver and return the same to said selectmen 
or assessors on or before said fifteenth day of April. — Id., as 
amended by s. 3 of c. 46 of the Laws of 1879. 

(1) By c. 92 of the Laws of 1883, taking effect in such towns as may at a legal meet- 
ing adopt the same, such blank inventory may be presented to tbe tax-payer by the 
selectmen or assessors when they go to examine and appraise the property to be taxed, 
And the same may then be filled out and sworn to by the person or corporation taxed, 
or if not then completed it may be filled out and returned to the selectmen or assessors 
any time before the 15th of April. 

(2) This includes trustees under a will.— Bell v. Saicyer, 15 E. 396, s. ipost. 

4. To CORPORATIONS. In case of corporations, such in- 
ventory shall be delivered to or left at the usual place of 
abode or business of the officer thereof on whom it is by law 
required that writs shall be served, and such corporation 
shall make the required return by its president or other 
principal officer. In case of property or estate belonging to 
trustees, estates of deceased persons and guardians, and of 
property or estate not in the care or possession of the owner, 
such notice shall be given to, and such return of inventory 
shall be made by, the person to whom the property is by law 
taxable. — Id., s. 4. 



208 INVOICES AND ASSESSMENTS. 

5. Assessing upon return. Upon the return of such 
inventory, the selectmen or assessors, upon examination of 
the same, shall, unless they shall be of the opinion that the 
same does not contain a full, true, and correct statement of 
the estate and property for which such person or corporation 
is taxable, assess a tax against such person or corporation, in 
accordance with the statement therein contained, and such 
further examination and appraisal of said taxable estate and 
property as is provided for by existing laws, and such further 
examination as they may think proper to make, so that said 
estate and property shall be appraised and assessed by said 
selectmen or assessors at its full and true value in money, 
agreeably to the requirements of section one, chapter fifty-six 
of the General Laws. If any such person or corporation shall 
wilfully omit to make, deliver, and return such inventory, or 
to answer any interrogatory therein, as by said chapter fifty- 
five required, or shall make any false answer or statement 
therein, or in relation to the estate or property for which he 
is taxable, or if such selectmen or assessors shall be of opin- 
ion that such inventory so returned does not contain a full, 
true, and correct statement of the estate and property for 
which such person or corporation is taxable, according to 
the requirement of such interrogatory, and that there has 
been such wilful omission or false answer or statement on 
the part of said person or corporation, the selectmen or 
assessors shall ascertain as nearly as may be, and in such 
way and manner as they may be able, the amount and value 
of the property and estate for which, in their opinion, he is 
liable to be taxed, and shall then set down to such person or 
corporation, by way of doomage, four times as much as such 
estate and property, if so inventoried and returned, would be 
legally taxable. — Sec. 2 of c. 46 of the Laws of 1879, repeal- 
ing s. 5 of c. 55 of the General Statutes. 

(1) This modifies previous statutes, and leaves no discretion in the selectmen. If there 
has been no wilful disregard of the requirements of the law, however imperfect the 
return, the selectmen, upon all the evidence within their reach, are to assess the tax- 



INVOICES AND ASSESSMENTS. 209 

payer only for his actual taxable estate. If there has been a wilful disregard of the 
law by him, they must doom him, that is, they must set down to him by way of" doom^ 
age" (and properly under that head) four times as much as the value of the estate for 
which, in their opinion, he was liable to be taxed. — See under former statutes, 29 R. 
198; 28 R. 419, 431; 4 R. 118; 56 R. 436; Digest, p. 599, ss. 86, 94, 95. 

6. Notice of hearing. The selectmen or assessors 
shall, on the first Monday of April in each year, give public 
notice (1) of the times and places where they will be in 
session for the purpose of receiving such inventory, and of 
hearing all parties in regard to their liability to taxation. 
Such notice shall state the time when such session will com- 
mence and close, and shall be posted in one or more public 
places in said town or city, and in case a newspaper is 
printed in said town or city, then also by publication in said 
newspaper, and by such other means as they shall think 
proper. — G. L., c. 5b, s. 6. 

(1) Such notice may be as follows : 

RETURN OF INVENTORIES, AND HEARINGS THEREON. 

The undersigned, selectmen of the town of , give notice that they will be in ses- 
sion for the purpose of receiving inventories of persons and estates liable to taxation in 
said town for the year 18—, and hearing all parties in regard to their liability to taxa- 
tion, at in said town, on the day of next, and the day of next, 

from — o'clock in the forenoon to — o'clock in the afternoon of each of said days. 

Date and signatures. 

7. Penalties upon selectmen and assessors. If 
any selectman or board of selectmen, or assessor or board of 
assessors, shall neglect (1) to so deliver, or cause to be so 
delivered, said blank inventory in hand, or to be left at the 
usual place of abode or business of any person or corpora- 
tion in their respective towns or cities liable to be taxed 
therein, in the way and manner prescribed in this chapter, 
when such selectman or board of selectmen, or assessor or 
board of assessors, shall have good cause or reason to believe 
such person or corporation to be the owner of or liable to be 
taxed therein for real or personal estate or property ; or 
shall be guilty of the wilful violation of any of the provi- 
sions of this chapter, or shall wilfully neglect (1) or omit to 
perform any duty imposed upon him or them by this chap- 



210 INVOICES AND ASSESSMENTS. 

ter, or by any law of the state, or shall wilfully omit or fail 
to enforce any of the provisions of this chapter or of said 
laws, he or they shall forfeit for each offence the sum of two 
hundred dollars, to be recovered by any person who will 
first sue therefor. — Id., s. 7, as amended by s. 3 of c. 46 of 
Laws of 1879. 

(1) In addition to this penalty they are guilty of perjury, for an intentional under- 
valuation. And yet the author is constrained to repeat what judges and courts have 
at different times expressed, that the non-compliance of selectmen and assessors with 
the statutes has become a very serious evil. In very many cases they assess without an 
inventory under oath, or according to one which they have every reason to believe 
wilfully omits money loaned in this state or elsewhere, stock, and other property. 
And as to real estate, the practice is very general to adopt a factitious standard. In 
saying that it is worth so much, they do it with a mental reservation that such is its value 
as real estate is generally valued for taxation, which is very far short of the require- 
ment of the law. 

Now that inequalities of valuation are open to correction by the state board, so that 
state and county taxes may be properly apportioned, there is no palliation of this con- 
stant under-valuation contrary to the oath which is taken.— See ante s. 5, and post ss. 
9, 10, 14, 16, 18. 

8. Before the first day of May. — The selectmen 
and assessors are authorized to receive such inventory before 
the first day of May, from any person or corporation who 
they shall be of the opinion was prevented from making and 
returning the same before the fifteenth day of April, by 
accident, misfortune, or mistake. — Id., s. 8. 

9. Wilfully false — perjury. If any person shall wil- 
fully swear falsely in violation of the provisions of this chap- 
ter, he shall be deemed guilty of perjury, and punished 
accordingly. — Id., s. 9. 

10. The oath required. The oath required of the 
tax-payers in and by said inventory shall be, that according 
to the best of his knowledge or belief, said inventory con- 
tains a true statement of all his or their property liable to 
taxation, and that he or they have not conveyed or disposed 
of any property or estate in any manner, for the purpose of 
evading the provisions of this chapter. — Id., s. 10. 

11. Personal application by selectmen. The se- 
lectmen, or either of them, may make personal application 



INVOICES AND ASSESSMENTS. 211 

to any inhabitant of the town, to any person having the care 
of personal property taxable therein, and to the officers of 
any corporation, for an account of the polls and ratable 
estate for which they are liable to be taxed. — Id., s. 11. 

12. Not giving true name — penalty. Whosoever, 
upon request made to him by an assessor or collector of 
taxes of any town in the performance of his official duty, 
refuses or neglects to give his true name, shall be fined not 
exceeding fifty dollars. — Id., s. 12. 

13. Officers of corporation. The cashier, treasurer, 
agent, or other principal officer of every bank, savings insti- 
tution, insurance company, or other corporation, on applica- 
tion in person or by writing by any selectman, shall furnish, 
at the principal place of business of such corporation, an ac- 
count in writing, on oath if required, of all the ratable estate 
of such corporation, and a like account of all shares and de- 
posits therein owned by any person resident, or corporation 
established out of the state, within four days after such ap- 
plication. — Id., s. 13. 

14. Dooming for neglect of. If any officer of such 
corporation shall not, upon application, give such account of 
its ratable estate, the corporation may be doomed in the 
same manner as individuals ; and if any taxable property 
shall be wilfully omitted in such account, the corporation 
may be assessed fourfold therefor, like individuals. — Id., s. 
14. 

15. Account of shares and deposit. — The cashier 
or other principal officer of every bank or other corporation, 
upon such application, shall furnish a like account of all 
shares or deposits therein owned by any inhabitant of the 
town of which the person applying is selectman, and the 
value thereof, whether mortgaged or pledged, or not, within 
four days after such application is made. — Id., s. 15. 

16. If not given, penalty. Any such officer or agent, 
who wilfully neglects or refuses to furnish as aforesaid any 



212 INVOICES AND ASSESSMENTS. 

such account as is inquired in this chapter, shall forfeit a 
sum not more than four hundred dollars, for the use of such 
town. — Id., s. 16. 

17. Fraudulent transfers or deposits. Whoever 
transfers any stock, in any bank, insurance company, or 
other corporation, for the purpose of avoiding taxation, or 
to prevent its being taxed to the real owner thereof in the 
town in which he resides, and whoever, for either of the 
purposes aforesaid, deposits money in any savings-bank, or 
institution for savings*, in the name of a fictitious person, or 
any false name, or in the name of a person not resident in 
the city or town in which he is represented to reside, or 
under any false residence, shall be fined not more than one 
thousand dollars, to the use of the town in which, or for the 
use of which, such stock or money ought to be taxed. — Id., 
s. 17. 

18. At full value in money. The selectmen shall 
appraise all taxable property at its full and true value (1) 
in money, as they would appraise the same in payment of a 
just debt due from a solvent debtor, and shall receive and 
consider all such evidence as may be exhibited to them 
relative to the value of shares in corporations and other 
property, the value of which cannot be determined by per- 
sonal examination. They shall deduct from the appraised 
value of shares in any corporation a just proportion of the 
value of any estate of such corporation which shall be other- 
wise legally taxed, upon satisfactory evidence thereof under 
oath. — G. L., c. 56, s. 1. 

(1) That is, its fair market value upon a cash sale properly conducted by a prudent 
owner.— 60 R. 133, see ante s. 7 (1). 

If it is leased property, the rent paid is evidence of the value, but not necessarily 
conclusive.— 60 R. 133. 

19. Separate interests. Whenever it shall be made 
to appear to the selectmen that several persons are owners 
of distinct interests (1) in the same real estate, or that one 
person is owner of land and another is the owner of any 



INVOICES AND ASSESSMENTS. 213 

building, timber, or wood standing thereon, or ores or min- 
erals therein, they shall, upon request, appraise such inter- 
ests, and assess the same to the owners thereof separately. — 
Id., s. 2. 

(1) Where a water-power, including the reservoir, extends into another town, the 
whole assessment for the water-power is not to be made in the town where the mill is 
located, but the real estate in each town is to be valued in its relation to the whole.— 
51 R. 455. This statute has been held not to warrant an assessment of the equity of 
redemption only, to a mortgagor on his application, notwithstanding the mortgagee was 
also taxed for the money loaned. — See ante p. 195, s. 8 (1). 

20. In separate columns. The selectmen shall set 
down in their invoice, in separate columns, the value (1) of 
improved and unimproved land ; of buildings not specially 
designated ; mills and carding-machines, factories and their 
machinery, wharves, ferries, toll-bridges, locks and canals, 
and aqueducts ; the value of stocks in public funds ; of shares 
in banks and other corporations ; the amount of money on 
hand, at interest, or on deposit ; stock in trade ; the value 
of carriages ; the number and value of horses, asses, and 
mules; of cows, oxen, and other neat stock; and of sheep 
and hogs.— Id., s. 3. 

(1) An erroneous statement of value will not invalidate the tax. — Sawyer v. Gleison, 
59 R. 140. And figures separated by a decimal point in the ordinary method of writ- 
ing dollars and cents, with no other mark, sufficiently designate the amount of the 
tax.— Id., 52 R. 815, 524. 

21. Building with land. In making the invoice, the 
selectmen shall set down in the column of improved and un- 
improved land all buildings situate on such land and owned 
by the owners of such lands, except such buildings as are 
specially designated in the preceding section. — Id., s. 4. 

22. Deductions for insane. TKe selectmen shall 
make such deductions from the appraised value of the prop- 
erty of insane persons as they shall think just and reason- 
able, whenever it shall appear that the income of their es- 
tates is not sufficient to support them. — Id., s. 5. 

23. Oath to invoice. The selectmen and assessors of 
the several cities and towns in this state shall take and sub- 
scribe (1) upon the copies or original invoices and assess- 



214 INVOICES AND ASSESSMENTS. 

ments of both resident and non-resident taxes, furnished by 
them to the town-clerks in their respective cities and towns, 
to be recorded in said clerk's records, the following oath, 
which may be subscribed before any justice of the peace or 
notary public: 

We, the selectmen and assessors of 
do solemnly swear that in making the invoice for the pur- 
pose of assessing the foregoing taxes, we appraised all tax- 
able property at its full value, and as we would appraise the 
same in payment of a just debt due from a solvent debtor. 
So help us God.— Id., s. 6. 

(1) Neglect to take this oath leaves the selectmen open to prosecution for non-per- 
formance of official duty, but does not invalidate the tax. — Odiorne v. Band, 59 R. 504. 

24. Quadrennial invoice. The assessors and select- 
men of the several cities and towns in this state shall, in 
the months of September and October, eighteen hundred 
and eighty, and in the same months in every fourth year 
thereafter, make a careful examination and estimate of the 
value of all the real estate in their respective cities and 
towns for the purpose of equalizing the value thereof, and 
the assessments and taxes of the subsequent years thereafter 
shall be based upon such valuation, subject to such changes 
as may occur from year to year. The county commissioners 
of the several counties shall, in the same manner, examine 
and appraise the real estate in all unorganized towns and 
grants as a basis for taxation in such towns and grants. — Id., 
s. 7. 

25. In cities BY special BOARD. In the several 
cities (1) of the state, the mayor and aldermen, in the 
month of August, eighteen hundred and eighty, and in the 
same month in every fourth year thereafter, may appoint 
three suitable persons, who shall perform all the duties in- 
cumbent upon the assessors and selectmen as provided for 
in the seventh section of this chapter. — Id., s. 8. 

(1) This section is in force in such cities only as adopt the same by their city coun- 
cils.— G. L., c. 56, s. 10. 



INVOICES AND ASSESSMENTS. 215 

26. As ANNUAL ASSESSOKS. Such persons shall take 
and subscribe the same oaths and in the same manner, and 
shall be liable to the same penalties and subject to the same 
laws and receive the same compensation, as assessors in the 
several cities. — Id., s. 9. 

27. Re-appraisal. The assessors and selectmen of the 
several cities and towns in this state shall, in the month of 
April, eighteen hundred and seventy-nine, and in the month 
of April in each year thereafter, examine all the real estate 
in their respective cities and towns, and shall re-appraise all 
such real estate as has changed in value in the year next 
preceding, and shall correct all errors that they find in the 
then existing appraisal ; and the new appraisal of said real 
estate thus made shall be made a part of the invoice in said 
cities and towns ; and the invoice thus revised shall be 
sworn to, as is provided in section six of this chapter {ante 
s . 23).— G. L., c. 56, s. 11. 

28. Reduced valuation. All taxes for any year fol- 
lowing the first day of April shall be assessed upon the in- 
voice taken in that month, estimating each poll at fifty 
cents, and taxable property at .the rate of fifty cents on each 
hundred dollars of its appraised value. — G. L., c. 57, s. 1. 

29. Exemption of non-besidents. Any town may 
exempt unimproved lands of non-residents from any tax or 
part thereof. — Id., s. 2. 

30. What assessment. The selectmen shall season- 
ably assess all state and county (1) taxes for which they 
have the warrants of the state and county treasurers respect- 
ively; all taxes duly voted in their towns, and all school, 
school-house, (2) and fire-district taxes authorized by law or 
by vote of any school- or fire-district duly certified to them. 
—Id., s. 3. 

(1) To sustain a sale, the grant of the county tax must he proved by the record of the 
county convention.— Paul v. Linscott, 56 E. 347. 

(2) It is now held that it is not the duty or right of the selectmen to inquire into the 
legality of the vote of a school-district to raise money. When such a vote is certified 



216 INVOICES AND ASSESSMENTS. 

to them by the district clerk, they must assess the tax; and a mandamus against them 
will lie to enforce the performance of such duty, and the tax-payers be left to such 
remedy as they may have to contest the legality of the tax. — School-District v. Carr, 
63 R. 201. 

31. Five pee, cent, ovee-lay. In assessing such taxes 
the selectmen may assess a sum not exceeding five per cent, 
more than the amount of such tax, to answer any abate- 
ments that may be made, which shall be paid into the town 
treasury for the use of the town. But if the selectmen shall 
assess a sum exceeding that which they have a right to 
assess, such assessment shall be thereby rendered invalid 
only (1) as to such excess. — Id., s. 4. 

(1) An accidental omission to tax a person liable will not vitiate the assessment.— 21 
Pick. 81; 29 R. 552. 

32. Seveeal in one. The selectmen of towns or assess- 
ors of cities may include in one assessment (1) the state, 
county, town or city, highway, school-house, school or fire 
district, and school taxes, or so many of them as may be 
found convenient. — Id., s. 5. 

(1) Sufficiency of vote, see ante p. 44, s. 2 (1) ; P- 80 (4). 

33. Recoed oe invoice. . A fair record shall be made of 
every invoice taken by the selectmen, and of all taxes by 
them assessed, in a book of records of the doings of the 
selectmen in their office, which shall be the property of the 
town; and a copy thereof shall, prior to the first day of July, 
be left with the town-clerk, or the original invoice and assess- 
ment shall be so left and recorded (1) by him, and both of 
said records shall be open to the inspection of all persons. — 
Id., s. 6. 

(1) Recording by clerk, see ante p. 103, s. 5. 

(a) Either book is evidence; but which shall govern in case of a disagreement between 
the selectmen's book and the record by the town-clerk is not well settled (see 40 R. 478, 
36 R. 395, 12 R. 567, 3 R. 378, Digest, pp. 593, 599, ss. 58, 59, 97, 99); and care should be 
taken to avoid it. 

(b) The record of an assessment is itself the assessment, and the court has no power 
to authorize it to be amended, for that would be to make a new assessment.— 36 R. 502; 
Digest, p. 38, s. 161. 



INVOICES AND ASSESSMENTS. 217 

(c) It has been held that a neglect to leave the copy prior to the first day of July will 
not affect the validity of resident taxes.— Digest, p. 599, ss. 97, 98, 100. As to non-resi- 
dent taxes, see 6 R. 192. 

34. Mode of proceeding. The invoice having been 
carefully prepared, and its correctness tested by adding the 
several columns and comparing them with the total, — 1. 
Determine the sum to be raised, and add to this five per cent. 
The selectmen are authorized to include in one assessment 
the money taxes mentioned in s. 32 ante, or as many of 
them as may be convenient. They may therefore add them 
all together, and to their sum add five per cent. The high- 
way tax stands upon a different footing unless it is a money 
tax. 2. Ascertain the tax upon one cent of the reduced val- 
uation by dividing the whole sum to be assessed, including 
the five per cent., by the total reduced valuation (including 
polls), annexing two c}~phers to the right hand of the divisor, 
and carrying the quotient to the place of mills, and from this 
construct a tax table. Suppose the amount to be assessed to 
be $10,500, and the whole reduced valuation $4,415. 

Five per cent, upon $10,500 is $525, making the sum 
which may be raised $11,025. 

441500 
.024 



441500)11025(.024 17660 

8830 8830 



21950 10596.000 

17660 



4290 

This gives a tax of two cents and four mills upon one cent 

of reduced valuation in the case supposed. 

It will be seen that 441500, multiplied by two cents and 

four mills, gives a tax of $10,596, which, although in excess 

of the sum required, is considerably less than that sum and 

five per cent. If upon trial in this way a greater overlay is 

desired, carry the quotient to the fourth place, instead of the 
10 



218 



INVOICES AND ASSESSMENTS. 



third. Multiplying two cents and four mills by 2, 3, 4, 5, 
6, 7, 8, 9, respectively, we have a table of 

Two cents and four mills on one cent of reduced valuation. 



1,000 



100 



1.00 



Cents. Cent. 

10 1 



No. 1. 
No. 2. 
No. 3. 
No. 4. 
No. 5. 
No. 6. 
No. 7. 
No. 8. 
No. 9. 



2,400 


240 


24 


2.40 


.24 


4,800 


480 


48 


4.80 


.48 


7,200 


720 


72 


7.20 


.72 


9,600 


960 


96 


9.60 


.96 


12,000 


1,200 


120 


12.00 


1.20 


14,400 


1,440 


144 


14.40 


1.44 


16,800 


1,680 


168 


16.80 


1.68 


19,200 


1,920 


192 


19.20 


1.92 


21,600 


2,160 


216 


21.60 


2.16 



.024 
.048 
.072 
.096 
.120 
.144 
.168 
.192 
.216 



The right hand column gives the tax from 1 cent to 9 
cents ; the next, from 10 cents to 90 cents ; the next, from 
$1 to $9 ; the next, from $10 to $90 ; the next, from $100 to 
$900; the next, from $1,000 to $9,000, upon the reduced val- 
uation. 

The mode of using the table (1) will be obvious upon 
inspection ; thus if the reduced valuation of a person, includ- 
ing the poll, is $46.59, the tax upon $40 is found in No. 4, 
under $10 (or four times ten dollars), to be $96 ; the tax on 
$6 is found in No. 6, under $1 (or six times $1), to be 
$14.40 ; the tax on 50 cents is found in No. 5, under 10 
cents., to be $1.20 ; and the tax on 9 nine cents is found to 
be 21 cents 6 mills— in all $111.81. 

(1) And without a table, the tax upon the reduced valuation of each person may be 
obtained by multiplying his reduced valuation in cents as the unit by the tax upon one 
cent of reduced value. Thus in the case supposed we have 

4659 
.024 

18636 



$111,816 

35. The running head and arrangement of an in- 
voice and assessment convenient for most towns may be, — 



INVOICES AND ASSESSMENTS. 



219 



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Factories and their ma- 
chinery. 


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Wharves. 


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Ferries. 


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Toll bridges. 


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Locks and canals. 


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Aqueducts. 


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Stock in public funds. 


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Shares in banks and 
other corporations. 


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Money on hand, at in- | 
terest, or on deposit. 




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Stock in trade. 


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i 


Yal. of carriages when 
exceeding §50. 






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Xo. and value of hors- 

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over 18 months old. 


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1 Xo. and value of cows, j 
1 oxen, and other neat 
1 stock over 18 months 
1 old. 


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and of swine not ex- 
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1 old. 


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j Reduced valuation, iu- 
1 eluding polls. 




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. State, county, town, 
and school tax. 




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| Total money tax. 


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. 


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1 Highway tax. 



220 



INVOICES AND ASSESSMENTS. 



(1) If the invoice is separate, the assessment may be as follows: 

RESIDENT ASSESSMENT FOR THE YEAR 18- 







i 






CcsJs 


+i 




Names. 


O H 


£ 

* 






<u ^^3 


,d 






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60 


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CD 


529 


41 


64 


73 


E F 


7 


56 


2 


53 








540 


57 


68 


46 



NON-RESIDENT ASSESSMENT FOR THE YEAR 18—. 









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Names of 


Names of origi- 


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Description of 


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owners. 


nal owners. 


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land. 




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$ 


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100 


14 


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84 




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Bartlett past- 


50 


6 


53 


2 


15 














20 


69 


6 


99 



The above and foregoing is an assessment of taxes upon the polls and estate of resi- 
dents and non-residents, liable to be taxed in the town of , on the first day of 

April, 18—, for the year 18—. 

A B, ) Selectmen 
C D, } of 

E F, ) 

Witness our hands this — day of April, 18 — . 
Oath and certificate as before. 

36. Correction of erroneous assessment. If the 
selectmen, before the expiration of the year for which a tax 
has been assessed, shall discover that the same has been 
taxed to a person not by law liable, they may, upon abate- 
ment of such tax and upon notice (1) to the person liable 
for such tax, impose (2) the same upon the person so liable. 
And, also, if it shall be found that any person or property 



INVOICES AND ASSESSMENTS. 221 

shall have escaped (3) taxation, the selectmen, upon notice 
to the person, shall impose a tax upon the person or prop- 
erty so liable. — G. L., c. 57, s. 10. 

(1) Such notice may be as follows : 
To of the toicn of : 

You are hereby notified to appear before us, selectmen of the town of , at in 

said town, on the — day of next, at — o'clock in the forenoon, to show cause, if 

any you have, wby a tax should not be imposed upon you on account of [state what], 

ani upon said property, the same having been taxed to one , a person not liable 

[or having escaped taxation]. 

Date and signatures. 

(2) There should be a special invoice and assessment, which may be in this form : 
Special invoice and assessment under section ten of chapter fifty-seven of the Gen- 
eral Laws. 

James Robertson [state property] value $—, reduced valuation, $ . 

State, county, town, and school tax § , highway tax, . 

Date, signatures, and oath as in other cases. 

The warrant to the collector as in other cases, but for the collection of such special 
tax— describing it. 

(3) See ante p. 196, s. 12. 

37. Inventory of shares. The assessors of every 
town shall annually take an inventory of the number of 
shares owned by the several inhabitants therein in each rail- 
road corporation in this state, on the first of April ; and on 
or before the first day of June, annually, shall transmit (1) to 
the state treasurer a statement under oath of the number of 
shares in each railroad corporation owned in such town, as 
ascertained from such inventory or otherwise ; the names of 
the owners and number of shares owned by each, and in 
what corporations : and that said share-holders were, on the 
first day of April preceding, inhabitants of said town. — G. 
L., c. 62, s. 11. 

(1) See ss. 40, 41 post. 

38. Neglecting to furnish. If any town shall, by its 
assessors, neglect to comply with the provisions of the pre- 
ceding section, it shall receive no part of the tax which it 
would be entitled to receive from the state treasury upon 
the railroad shares owned therein ; and such assessors shall 
be liable to such town for all damages arising from their 
default.— Id., s. 12. 



222 INVOICES AND ASSESSMENTS. 

39. Disagreement of returns. In case of disagree- 
ment of the returns of the railroad treasurers and of the as- 
sessors, the state treasurer shall determine, upon the evi- 
dence, to what town any shares shall be credited. — Id., 
s.13. 

40. Such an invoice may be as follows : 

INVOICE OF RAILROAD SHARES IN THE TOWN OF , APRIL 1, 18—. 





Names of Owners. 


Number of 
Shares. 


Name of Corporation. 


J Q 


200 








ON 


100 


Northern R. R. 







The above is an invoice of the number of shares owned 

by the several inhabitants of the town of '■ , in each 

railroad corporation in this state on the first day of April, 
18—. 

Witness our hands this day of — , 18 — . 

) Selectmen 

41. The statement to the state treasurer may 
be in the same form, except the certificate, and that as fol- 
lows: 

B, , , 18 — . We certify that the above is a cor- 
rect statement of the number of shares owned by the several 
inhabitants of the town of in each railroad corpora- 
tion in this state on the first day of April, 18 — . 

) Selectmen 

> of 



C ss. , 18 — . Then appeared , of the 

town of , and made oath that the above certificate by 

them signed is true. 

Before me, , Justice of the Peace. 



INVOICES AND ASSESSMENTS. 223 

(a) They are distributed by the state treasurer as follows : 

I. To the towns in which any railroad is located, one fourth of the tax paid by the 
railroad corporation, of which each town shall receive its proportion according to the 
share of the capital of the corporation expended therein for its buildings and right of 
way. 

II. To each town in the state in which any stock in the road was owned on the first 
day of April preceding, such proportion of the residue of said tax as the number of 
shares owned iu said town bears to the whole number of shares in the corporation. 

III. The remainder for the use of the state.— G. L., c. 62, s. 7. 

(b) The money thus received by every town is to be appropriated as other town money. 
—Id., s. 8. 

42. Return to secretary of state. The selectmen 
of every town, at the expense of the town, shall, on or before 
the first day of May of each year, transmit to the secretary 
of state an entire inventory of the polls and ratable estate of 
such town, as taken in April for that year. Said invento- 
ries shall contain the footings of each column of the invoices 
of all polls and property taxed in the town in April of that 
year. They shall also report the amount of the tax levied 
upon the inventory for all purposes, and the rate per cent, of 
taxation for all purposes in their respective towns. They 
shall also transmit, on or before the first day of September, 
eighteen hundred and seventy-eight, and on or before the 
first day of September every fourth year thereafter, to the 
county commissioners of their county, the entire inventory 
of the polls and ratable estate of their respective towns 
taken in April for that year. — G. L., c. 61, s. 4; ante p. 206, 
ss. 1-3. 



CHAPTER XXXV. 

ABATEMENT of taxes. 

1. By selectmen. Selectmen, for good cause (1) shown, 
may abate any tax assessed by them or their predecessors. 
— G. L., c. 57, s. 11. 

(1) What is good cause, see post s. 2 and notes (b) (c). Having applied to the select- 
men for an abatement, one is not required to show cause until given notice of a hear- 
ing. — Melvin v. Weare, 56 K. 436. The authority to abate is not in the town, but in the 
selectmen.— Northumberland v. Cobleigh, 59 R. 260, 255. 



224 ABATEMENT OF TAXES. 

2. By supreme court. If they neglect or refuse so to 
abate, any person aggrieved, having complied with the re- 
quirements of chapter fifty-five, within nine months after 
notice of such tax, and not afterward, may apply by petition 
to the supreme court in the county, at a trial term, who 
shall make such order thereon as justice requires. — Id., s. 12. 

(a) If the selectmen have failed to post notice and have made no personal applica- 
tion, he ia excused from rendering an account before applying for an abatement.— 42 R. 
282; Digest, p. 604, s. 200. But the petition must be presented to the court within the 
nine months, unless prevented by accident, etc., without fault.— 59 R. 26, 33; 56 R. 4'6. 

(b) The court, in cases properly brought before them, may abate for any cause 
which would justify an abatement by selectmen.— ftriggs's Petition, 29 R. 547; Digest, 
p. 603, ss. 193, 194. 

Inability to pay the tax from loss of property subsequent to its assessment, is a cause 
for abatement by the court.— Id. 

Non-resident tax-payers are entitled to the same remedies for the abatement of an 
illegal or unjust tax as residents, upon complying with the requisitions of the statute so 
far as applicable— 51 R. 455, 470; 40 R. 203— but must give security for costs if out of the 
state.— Digest, 604, s. 199. 

Payment of taxes upon the same lot is sufficient evidence of title for an application 
for an abatement for over-valuation.— Digest, 604, s. 201; 42 R. 282; 58 R. 615. 

The court may ssnd the petition to a master or to a jury, in its discretion.— 51 R. 455; 
57 R. 309. 

(c) Such a petition now seems to be the only remedy in this state for an illegal assess- 
ment of property liable to assessment, and it is not confined to cases of over-valuation ; 
nor will the courts abate beyond the excess over what would be a just and legal tax if 
legally assessed.— 16 R. 44; 56 R. 436; 57 R. 309, 618; 58 R. 38, 448, 580, 615; 59 R. 26, 33, 
75, 504; 60 R. 218, 408, 497, 504. (But see 21 R. 550, 567; 29 R. 551; 42 R. 282; 52 R. 17.) 
Yet it is even now held that a sale for an illegal tax will give no title.— 59 R. 392; 60 R. 
562. 

But when the alleged defects in a tax title appear upon the record, and would neces- 
sarily be exposed by the evidence requisite to establish it, a court of equity will not take 
jurisdiction to remove the cloud upon the title since the party has a plain and adequate 
remedy at law.— 60 R. 408. 

3. For watering-trough. The selectmen of every 
town shall abate a sum not exceeding three dollars from the 
tax of any inhabitant w T ho shall construct, and during the 
year keep in repair, a watering-trough, well supplied with 
water, sufficiently elevated, and easily accessible for horses 
and carriages, if said selectmen shall deem the same neces- 
sary for the convenience of travellers. — Id., s. 13. 

4. Recording. No abatement (1) of a tax shall be of 
any effect until recorded in the book of records of the 
selectmen. — Id., s. 14. 



COLLECTORS OF TAXES. 225 

(1) The form of an abatement may be as follows : 

The sum of dollars and cents is abated from the tax of , for the 

year 18 — , for [state the cause]. 
Witness our hands this — day of ,18—. ) Selectmen 



of 



Reco ding by selectmen in form as ante p. 104, s. 5 (c). 



CHAPTER XXXVI. 

COLLECTORS OF TAXES. 

1. Appointment. When any town shall neglect or re- 
fuse to choose a collector (1) of taxes, or fill a vacancy in 
that office, or when any town shall, by a vote at their annual 
meeting, so direct, the selectmen may appoint a collector or 
collectors of taxes, whose powers, duties, and liabilities shall 
be the same as those of collectors chosen by the town. — G. 
L., c. 42, s. 3. 

(1) For form of appointment and record, see ante p. 114, s. 3 (1). 

The duty of collecting taxes devolves upon the collectors, and cannot by vote of the 
town be imposed upon any other officer; nor can the authority of a collector def adobe 
inquired into collaterally in a suit to which he is not a party. Odiorne v. Rand, 59 R. 
504, and cases cited. An appointment of one "collector of the town" means collector 
of the taxes for the town, and is sufficient. Taft v. Barrett, 58 R. 447. 

2. Boxd. Every collector or constable shall, within six 
days after his election or appointment, give bond with suffi- 
cient sureties (1) to the acceptance of the town or selectmen, 
for the faithful performance of the duties of his office ; and 
in default thereof the office shall become vacant. — Id., s. 4. 

(1) For form of bond, see ante p. 115, s. 4 (a). Two or more signers may adopt one 
seal. -59 R. 250. 

The sureties upon an official bond are not liable for unofficial acts or omissions.— 3 
Allen 126; 5 do. 409; 13 Gray 384. 

His neglect to give bonds will not invalidate his proceedings in respect to third per- 
sons claiming under them, since without the bond he is a collector de facto. Odiorne 
v. Rand, 59 R. 505, and cases cited. A neglect of the selectmen to issue an extent 
against him will not prevent the town from recovering upon his bond for neglect to 
collect and pay over. Northumberland v. Cobleigh, 59 R. 251. If he would exonerate 
himself upon the ground that taxes were illegally assessed, the burden of proof is upon 
him to show it.— Id. Entries upon the town books, in his presence and with his as- 
sent, are evidence against him and his sureties.— Id. 
*10 



226 COLLECTORS OF TAXES. 

3. Compensation. Every town may, at their annual 
meeting, determine, by vote or otherwise, the rate or amount 
of compensation to be allowed the collector of taxes for his 
services ; and whenever the selectmen appoint a collector, 
they shall make a written agreement as to such compensa- 
tion, which shall be signed by the selectmen and collector. — 
Id., s. 5. 

4. Death oe collector. If a collector dies before com- 
pleting the collection of a tax committed to him, the select- 
men or mayor and aldermen may appoint some suitable 
person to complete the collection, and pay him a reasonable 
compensation therefor ; and the assessors shall commit the 
uncollected portion of the tax list to him, and he shall give 
such bonds as the selectmen or mayor and aldermen may 
require, and have the same powers and be subject to the same 
duties and liabilities as other collectors. — Id., s. 7. 

(a) Removal of collector, see ante p. 117, s. 9 and notes. 

5. Administrator, duty oe. In case of death or re- 
moval from office of a collector, his executors or administra- 
tors, and all other persons into whose hands any of his 
unsettled tax lists may come, shall forthwith deliver the 
same to the selectmen of the town or mayor of the city. — 
Id., s. 10. 

6. Sureties not discharged. The appointment of a 
collector, under any of the provisions of this chapter, shall 
not discharge the bondsmen or representatives of the de- 
ceased or insane collector from their liability for any of his 
acts or negligence. — Id., s. 11. 

7. Any distress commenced by the deceased or removed 
collector may be completed by the collector appointed under 
the provisions of this chapter, in the same manner as it 
could have been by him who commenced it. — Id., s. 12 ; see 
also, ante p. 114, s. 2. 

8. Deputy COLLECTOR. Any collector, being authorized 
by vote of the town, may appoint deputies, who shall be 



COLLECTORS OF TAXES ; 22/ 

sworn, give bond to the satisfaction of the selectmen, and 
have the powers of collectors, and may be removed at the 
pleasure of the collector. — G. L., c. 58, s. 19. 

9. Collectors, when not liable. No person to whom 
any list of taxes shall be committed for collection shall be 
liable to any snit by reason of any irregularity or illegality 
of the proceedings of the town or of the selectmen, nor for 
any (1) cause whatever, except his own official misconduct. 
—Id., s. 16. 

(1) He must be sworn, the warrant must be under seal, and both the warrant and the 
tax-list mast be signed by a majority of the selectmen, or the collector will be liable in 
trespass ; if appointed, it may also be necessary that his appointment be recorded before 
he can act.— Digest, p. 600, ss. 106, 116, 117. 

It is his duty to collect without regard to his opinion of the regularity or legality of 
the assessment; and his forbearance to sell laud for the tax until the advertised time of 
sale has passed is a good consideration for a promise to pay him the tax.— Gove v. 
Newton, 58 R. 359. 

10. Authority. Every collector, in the collection of 
taxes committed to him to collect, and in the service of his 
warrant, shall have the powers vested in constables in the 
service of civil process, which shall continue until all the 
taxes in his list are collected. — G. L , c. 58, s. 1. 

11. Fees. Collectors shall be entitled to the same fees 
for the collection of taxes by distress and sale, or for arrest- 
ing or committing any person to jail, as sheriffs may be 
entitled to receive for like services upon civil process. — Id., 
s. 11. 

12. Penalty for taking more. If any collector shall 
demand or take any other or greater fees than they are by 
law allowed for any of the services by him rendered, he shall 
forfeit five dollars (1) to the person suing therefor. — G. L., 
c. 59, s. 18. 

(1) He is not subject to the penalty of fifty dollars imposed by s. 27, c. 290, G. L. ; 23 
R. 434; Digest, p. 373, ss. 10, 11. But the penalty of five dollars applies to a collector of 
resident taxes as well as to a collector of non-resident.— Id. 

13. Paying oyer money. Every collector of taxes shall, 
on the first Saturday of every month, pay into the town 
treasury (1) all moneys by him collected up to that time, 



228 COLLECTORS OP TAXES. 

and shall submit his tax book to the treasurer of said town 
for his inspection and computation. The treasurer shall give 
a receipt to the collector for all money paid by him to the 
treasurer. — G. L., c. 40, s. 9. 

(1) See also post p. 228, s. 1. He is liable for taxes which he should have collected 
and lost through his negligence and interest thereon from the time of the demand upon 
him for such taxes. And he is liable to interest on taxes collected from the time it was 
his duty to pay them over.— Pittsburg v. Tabor, 61 R. 100. 

14. Extent. Collectors are liable to an extent for neg- 
lect to pay over. — G. L., c. 66, ss. 4, 5. 

(1) See post c. 40, ss. 4-6. 

15. Name of collector, return of. The selectmen 
shall seasonably make a return to the state and county 
treasurers of the names of the collectors of their respective 
towns, the date of their warrants, the amounts they are 
required to pay to such treasurers respectively, and the time 
of payment. — G. L., c. 57, s. 7. 



CHAPTER XXXVII. 

COLLECTION OF RESIDENT TAXES. 

1. Warrant for. A list (1) of all taxes by them assessed 
shall be made by the selectmen under their hands, with a 
warrant (1) under their hands and seal, directed to the col- 
lector of such town, requiring him to collect the same and 
pay to the state and county treasurer, and to the town 
treasurer, such sums at such times as may be therein pre- 
scribed. — G. L., c. 57, s. 8. 

(1) See post ss. 18, 19, for form of list and warr.mt. 

2. Interest after December first. Interest at ten 
per cent, shall be charged upon all taxes not paid on or be- 
fore the first day of December, after their assessment, from 
that date, which shall be collected with said taxes as inci- 
dent thereto. — Id., s. 9. 



COLLECTION OF RESIDENT TAXES. 229 

3. Discount. Any town may, by vote at the annual 
meeting, direct a discount (1) to be made to those persons 
who shall pay their taxes within such periods as the town 
may limit ; and every person so paying shall be entitled to 
such discount. — G. L., c. 58, s. 17. 

(1) Credits. Where, by the vote of a town, a credit is due to the tax-payer in 
reduction of the tax, the warrant may be f r the full amount, with a credit of the 
payment, or perhaps it may be for the balance. See, also, ante p. 224, s. 3. 

4. Notice of tax. The collector shall give notice (1) 
of such tax to every person taxed, or leave a notice thereof 
in writing at his abode, fourteen days at least before he shall 
distrain therefor, unless in cases where he has reason to 
believe such person is about to remove from town. But no 
notice of the tax shall be necessary under this section, if the 
tax is against a person who is not an inhabitant of the state, 
or if the person against whom the tax is has removed from 
the town. — Id., s. 2. 

(1) See post s. 6 (1), for form of notice. 

5. To corporations. The collector shall give the same 
notice, in writing, of all taxes assessed against any corpora- 
tion, to the cashier, treasurer, or some principal officer of 
such corporation. — Id., s. 3. 

6. Towns may direct notice. Any town may, by vote 
at the annual meeting, direct the time at which notice (1) 
shall be given to persons whose taxes shall be then unpaid 
of the amount of the same ; and if the same shall not be paid, 
with twenty cents for such notice, within fourteen days 
thereafter, the collector may distrain for the same. — Id., 
ss. 17, 18, 

(1) Notice, form of. It is better that notice be in writing when practicable, but if 
given to the tax-payer in person it may be verbal, even if the warrant direct that it be 
in writing.— Digest, p. 600, s. 126. 

The form of a written notice may be as follows : 
To , of the town of : 

The taxes assessed against you in said town for the year 18—, and committed to me 
for collection, are as follows: 

State, county, town (2), and school tax, dollars and cents. 

(2) If the taxes were separate the notice will so state, giving the separate items. 



230 COLLECTION OF RESIDENT TAXES. 

7. Distraining foe tax. Upon neglect or refusal of 
any person or corporation to pay the taxes assessed on them, 
the collector may distrain the goods and chattels of such 
person or corporation. — Id., s. 4. 

8. Articles exempt. No distress shall be made of any 
person's tools or implements necessary for his trade and oc- 
cupation, nor of his arms, or utensils of household necessary 
for upholding life, nor of bedding or apparel necessary for 
him or his family. — Id., s. 5. 

9. Notice and sale. The collector shall keep the prop- 
erty distrained four(l) days, at the cost of the owner. If the 
tax, cost, and charges are not then paid, he shall post, in two 
or more public (2) places in the town where the sale is to 
be, twenty-four hours before the time of sale, a notice of the 
place, day, and hour of sale, with a particular description of 
the property to be sold ; and at the time and place appoint- 
ed, which shall be in the town where the distress is made, 
between the hours often in the forenoon and six in the after- 
noon, and within forty-eight hours after the expiration of said 
four days, shall sell (3) the same at auction. — Id., s. 6. 

(1) There must be four days between the day of taking and the day of advertising, 
without counting Sunday. A distress taken on Monday is properly advertised on Sat- 
urday to be sold on the following Monday.— 36 R. 302; Digest, p. 601, ss. 141-143. 

(2) Meaning of public place, see ante p. 46, s. 13 (c); post p. 238, s. 5 (1). 

(3) The collector mu3t stop selling as soon as he has sold enough to pay the tax and 
legal charges.— 24 R. 237 ; Digest, p. 601, s. 132. See, also, Digest, p. 616, s. 89. 

(a) Second sale or seizure. If by sickness or other inevitable accident the collector 
be unable to sell within the forty-eight hours, or to adjourn to a day when he can at- 
tend, he may sell after that time upon a new advertisement.— 7 R. 321-325; Digest, p. 
601, ss. 136-139. And if the property be struck off to one who refuses to complete the 
purchase, it may be sold a second time, or on a new advertisement if necessa-y.— 9 R. 
530; Digest, p. 601, s. 140. 

(b) After an arrest, the collector cannot ordinarily distrain property. — 25 R. 251 ; Di- 
gest, p. 601, s. 134. 

(c) Thef rm of a notice may be as follows: 

DISTRESS FOR TAXES. 

Taken as a distress for taxes, and will be sold at auction at , in the town of , 

on the day of next, at of the clock in the noon, one red yearling heifer 

and six sheep. 

Dated at said , this — — day of , 18—. 

" , Collector of . 



COLLECTION OF RESIDENT TAXES. 231 

10. Account of sales. A particular account in writ- 
ing of the taxes (1) of the delinquent, the collector's fees, 
and the charges of keeping and sale, and the amount of sale 
of each article, with the overplus, if any, after deducting 
said taxes and charges, shall be delivered, immediately upon 
such sale, to the owner, or be ready to be delivered to him 
upon request. — Id. s. 7. 

(1) Thefoi-m of the account may be,— 

To of the town of : 

The following is a particular account of your taxes in said town for the year 18—, and 
my fees and the charges of keeping and sale, and of the amount of the sale of each arti- 
cle this day at public auction, upon proceedings by distress, for the collection of said 
tax. 

State, county, town, and school tax , $157.60 

Travel, five miles 60 

Service. .50 

Expense of keeping 3.00 

Poundage 4.15 

$165.85 
Gray gelding sold for $125.40 

Black mare 100.00 

$225.40 
Deducting taxes and charges 165.85 

Balance in my hands $59.55 

L , 18-. 

, Colhctor of . 

Note. If the taxes were separate, state them separately. 

11. Committing to jail. For want of goods and chat- 
tels whereon to make distress, the collector may take the 
body of any person neglecting or refusing to pay the tax 
assessed against him, and commit him to the common jail. — 
Id., s. 8. 

(a) The collector is not bound to search for goods, but may take the body of the 
delinquent, and will not be obliged to discharge him upon his subsequent offering suffi- 
cient property with an indemnity as to the title.— 9 R. 190; 19 R. 105; Digest, p. 600, s. 
124. But he must act in good faith, and not for oppression, and if, before an arrest, 
such an offer is made, he should not arrest. 

(b) The lien given by statute upon the real estate does not impair the right to take 
the body.— 28 R. 402. 

(c) A collector, if the outer door is shut, cannot ordinarily, without the consent of the 
occupant, enter a dwelling-house to execute his process. But if the occupant has fraud- 
ulently received the delinquent for the purpose of preventing a collection of the tax, 
the collector may enter, after a request and refusal, and when he has once entered law- 
fully, he may break an inner door if necessary. — 28 R. 415; Digest, p. 44, ss. 31-33. 



232 COLLECTION OF RESIDENT TAXES. 

(d) It is the duty of the collector to commit the delinquent to jail as soon after the 
arrest as he reasonably can ; he must not recklessly expose the prisoner's health, or give 
him any unnecessary personal injury. — 25 It. 251 ; Digest, p. 43, s, 10. 

(e) If he discharges him from his custody he cannot retake him ; but where a collec- 
tor, after an arrest, permitted the party to go home upon his promise to deliver himself 
up the next day (his watch being pledged as security), it was held that he might retake 
him after that time.— 25 R. 251 ; Digest, p. 299, ss. 2, 3. 

12. Copy for jailer. In such case the collector shall 
give to the jailer an attested copy(l) of his warrant, and there- 
on certify (2) the sums such person is taxed in his list, and that 
he has taken his body for want of goods and chattels where- 
on to make distress ; and the jailer shall receive and detain 
such person in his custody until he pays such tax, cost of 
commitment, and charges of imprisonment, or is otherwise 
discharged by due course of law. — Id., s. 9. 

(1) With L. S. for the place of seal, the copy may be attested as follows : 
A true copy of warrant. 

Attest : , Constable of . 

(2) The. certificate may be as follows : 

, ss. , 18—. I hereby certify that the sums for which the within named 

is taxed upon my list of taxes is as follows : 

State, county, town, and school tax, ......$ 

I also certify that I have taken the body of the said for want of goods and chat- 
tels whereon to make distress, and have committed him to the common jail in said 
county. 

The costs of the commitment are, ......$ 

, Collector of . 

Note. If the taxes were assessed separately, state them so. 

13. Removal from town. In case of removal from 
town, or of an assessment upon the personal property of 
non-residents, the collector may distrain the property, or 
arrest the body of any person named in his list, wherever 
such person or his property may be found. — Id., s. 10. 

14. Corporation property. The real and personal 
property of corporations shall be liable to be taken and sold 
for taxes in the same manner as the property of individuals, 
and the franchise of taking toll may be taken and sold for 
taxes in the same manner as the same may be sold on exe- 
cution. — Id., s. 12. 

15. Lien for taxes. The real estate of every person or 
corporation, against whom any tax may be assessed, shall be 



COLLECTION OF RESIDENT TAXES. 233 

holden for all taxes assessed against the owner of said real 
estate ; and all real estate assessed as resident, whether in 
the name of the owner or occupant, or heirs, or estate, shall 
be holden for all taxes (1) assessed thereon for one year from 
the first day of June following such assessment, and such 
real estate may be sold by the collector, in case the owner 
or person to Avhom the same is assessed shall die or remove 
from town and leave there no personal estate on which dis- 
tress can be made, or in case such person or corporation shall 
neglect or refuse to expose goods and chattels whereon dis- 
tress may be made, or in case such tax shall not be paid on 
or before the first day of January next after its assessment. 
—Id., s. 13. 

(1) The tax is a lien as r.gainst everybody from the date of its assessment to the expi- 
ration of the year; as against the person upon whom the tax was assessed, the land may 
be sold after the expiration of the year.— 58 R. 359, 361, 448; 59 R. 392; 63 R. 169. 

It is not a lien for the payment of a poll tax of a person in possession.— 59 R. 392. 

16. Posting advertisements. The collector shall give 
notice of such sale by posting advertisements thereof in two 
or more public places (1) in the town, at least six weeks 
before the sale, in which shall be stated the name of the 
owner or of the person to whom the same was taxed, and 
also the name of the occupant, if any, at the time of posting 
(2) such notice, the amount of the tax, and the place, day, 
and hour of the sale. — Id., s. 14, as amended by s. 12 of c. 
57 of the Laws of 1879. 

(1) " Public places"— see ante p. 46, s. 13 (c). The question, if the facts are in dis- 
pute, is a mixed question of law and fact. — 57 R. 556; post p. 238, s. 5 (1). 

(2) The statute is plain enough and easily complied with. The name of the occupant, 
at the time of the posting of the advertisement, is to be given in addition to the name of 
the owner or of the person to whom the land is taxed. 

(a) The advertisements may be in form as follows : 

COLLECTOR'S SALE OF REAL ESTATE. 

The subscriber, collector of the town of , will sell at public auction at , in 

said town, on the — day of next, at eleven o'clock in the forenoon, so much of the 

real estate hereinafter described as will pay the taxes thereon for the year 18—, and 
incidental charges, viz., — 

The Howard pasture, owned by of , and taxed to him and now occapied by 

of said town of , and the taxes upon which are as follows : State, county, and 

town tax, dollars and — cents: school tax, dollars and —cents. 

The Bartlett pasture, containing fifty acres, owned, etc. 

, 18—. , Collector of . 



234 COLLECTION OF RESIDENT TAXES. 

17. As of non-residents. The powers and duties of 
the collector in relation to such sale, the time, place, and 
manner of the same, the powers and duties of the collector 
and town-clerk in relation to the proceedings subsequent 
thereto, the fees(l) of the collector and town-clerk, and the 
rights of the owner in relation to the redemption thereof, 
shall be the same as are prescribed by the law relating to 
the sale of the estates of non-residents. (2) — Id., s. 15. 

(1) Post c. 38. 

(2) See post c. 38. 

18. A WARRANT FOR RESIDENT TAXES UNDER LAWS 
NOW EXISTING MAY BE AS FOLLOWS : 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

To , Collector of Taxes for the town of , in the 

county of : 

In the name of said state you are required to collect of the 
persons and corporations named in the following or annexed 
list of taxes the sums set against their respective names, 

amounting in all to the sum of dollars, with ten per cent. 

interest from the first day of December next (1) on all sums 
not paid before that day, and to pay to the treasurer of said 

town dollars on or before the first Saturday of 

next, and the residue of said taxes and interest, on or before 
(1) the first Saturday of , 18 — . 

You are also required, on the first Saturday of every 
month, to pay to said treasurer all money then collected and 
not before paid to him, and at the same time submit your 
tax-book and tax-list to him for his inspection and computa- 
tion. 

Upon neglect, after due notice, of any persons or corpora- 
tions named in said list to pay the tax assessed against them 
respectively, you are directed to distrain their goods and 
chattels, and for want of goods and chattels whereon to 
make distress of any such person neglecting or refusing to 



COLLECTION OF RESIDENT TAXES. 235 

pay the tax assessed against him, to take his body and com 
mit him to the common jail in said county, and the jailer 
shall receive and detain him in his custody until he pays 
such tax, cost of commitment, and charges of imprisonment, 
or is otherwise discharged by due course of law. 

[By a vote of said town all persons who shall pay their 

taxes on or before the — day of next, will be entitled 

to a discount of — per cent.] 

In case any person named in said list shall die, or remove 
from town, and leave there no personal estate on which dis- 
tress can be made, or in case any such person or corporation 
shall neglect or refuse to expose goods and chattels whereon 
distress may be made, or, in case such tax shall not be paid 
on or before the first day of January next, you are directed, 
within one year from the first day of June next, to sell so 
much of the real estate of such delinquent as will pay the 
taxes and incidental charges, and to execute a conveyance of 
the same in the manner prescribed by law. 

Hereof fail not. 

Given under our hands and seal this — day of , 18 — . 

) Selectmen 

\ of 



(1) This will not prevent his collecting after that time.— Digest, p. 600, ss. 121-123; 
52 R. 518, 525. 

19. The running head and arrangement of a list 
of resident taxes may be : 

LIST OF RESIDENT TAXES FOR THE YEAR 18—. 





NAMES OF PERSONS ASSESSED. 


State, county, 
town, and 
school tax. 


AB 


Dollars. 
3 
529 
7 


Cents. 
60 


AC 


41 


AD 


56 










540 


57 



236 COLLECTION OF RESIDENT TAXES. 

The above and foregoing is a correct list (1) of all taxes 
assessed upon the ratable polls and estates of the inhabitants 

of the town of , for the year 18 — . 

Witness our hands (2) at said this — day of , 

18—. 

) Selectmen 

\ of 



(1) The list should distinctly contain the names of the persons against whom the taxes 
are assessed; but a mistake in the middle name or its initial will not be fatal.— Digest, 
p. 473, s. 1. 

(2) The list must be signed as well as the warrant, or the collector has no authority. 
But it is now held that one signing is sufficient, if the list is so referred to, in the war- 
rant, that by such signing it is properly " under their bands." — 56 R. 347. 

20. By suit. The selectmen of any town, and the mayor 
and aldermen of any city, may, in a particular (1) case, 
cause any tax collectible by any town or city officer to be 
collected by suit at law or bill in equity. — Laws of 1881, c. 
28. 

(1) The direction will properly be in writing, and it must specify the particular case. 
Under former statutes no suit could be maintained to recover taxes.— 56 R. 155. 



CHAPTER XXXVIII. 

COLLECTION OF NON-RESIDENT TAXES. 

1. Tax-list. A list (1) of the taxes assessed on the real 
estate of persons not resident in the town shall be made by 
the selectmen under their hands, in which shall be inserted 
the name of the owner, if known, otherwise the name of the 
original owner, if known, the number of the lot and range, 
if lotted, otherwise such description as the land may be 
readily known by, the number of acres, and the amount of 
taxes assessed thereon. — G. L., c 59, s. 1. 

(1) For form of this, see post s. 21. 



COLLECTION OF NON-RESIDENT TAXES. . 237 

2. Delivery by May thirtieth. Such list shall be 
delivered to the collector on or before the thirtieth day of 
May, and the collector shall, on or before the first day of 
September, send to the owners of non-resident property, or 
their agents, if known, a bill (1) of their taxes, and shall, 
on or before the first day of January following, advertise the 
property on which the taxes had not been paid for sale in 
the Independent Statesman, a newspaper printed at Concord, 
and also, when the property is not situated in Merrimack 
county, in some newspaper printed in the county where the 
property is situate, if any, otherwise in some adjacent coun- 
ty.— Id., s. 2. 

(1) It is presumed that the bill of taxes may be sent by mail to the post-office address 
of the owners or agents, but care sbould be taken that the letter be mailed in season to 
reach its destination on or before the first day of September. Of course actual season- 
able notice in writing, through any channel of communication, will be sufficient. 

3. Advertisement, requisites of. The advertisement 
shall contain the same name, same description of the land 
taxed and amount of tax, which is inserted in the collector's 
list, and the time and place of the sale ; and shall be pub- 
lished three weeks successively, (1) commencing at least 
eight weeks before the sale. — Id., s. 3. 

(1) A publication Saturday, November 2, Tuesday, November 12, and Tuesday, 
November 19, was held sufficient, the publication day having been changed after the 2d 
from Saturday to Tuesday— 31 R. 501; Digest, p. 602, s. 160; (see 52 R. 512, 518, 524). 
An advertisement, without date, posted in January and published in February, 1874, 
for sale "on the fourth day of April next," was held to mean the fourth of April, 1874, 
and to be sufficient.— Taft v. Barrett, 58 R. 447. If it gives the amount of the tax cor- 
rectly, it is no objection that it does not follow the words of the list in its description of 
the tax.— Id. 

(a) The form of the advertisement may be as follows: 

collector's sale of non-resident lands. 

The undersigned, collector of taxes of the town of for the year 18 — , will sell 

at public auction on , the — day of , 18—, at in said town, at eleven of the 

clock in the forenoon (unless prevented by previous payment), so much of the following 
described real estate as will pay the taxes upon each tract respectively with incidental 
charges. 

[Here insert names, description, No. of lot and range, the number of acres and the 
taxes, and precisely as in the tax-list.] 

Dated at said , this — day of , 18 — . 

, Collector of . 

(b) I hereby certify that the foregoing advertisement was published three weeks suc- 
cessively in the , being in the issues of that paper of and and , 

18 — . Signature and jurat. 



238 COLLECTION OF NON-RESIDENT TAXES. 

4. Posting in town. A similar advertisement shall be 
posted at some public (1) place in the town where the lands 
lie during the same period. — Id., s. 4. 

(1) No posting is necessary in an unincorporated and uninhabited place.— 52 R. 518, 
525. 
What is a " public place," see ante p. 46, s. 13 (c),post s. 5 (1). 

(a) The affidavit of posting may be as follows: 

I hereby certify that the within [or " above"] advertisement by me signed was posted 

by me on the — day of , 18 — , at , a public place in the town of , and that the 

same in my belief remained so posted until the time of sale therein mentioned. 

, Collector of . 

ss. , 18 -. Then appeared , collector of the town of , and made oath 

that the above certificate by him signed is true. 
Before me, 

, Justice of the Peace. 

(b) Said advertisement and certificate of posting received and recorded this — day of 
, 18-. 

, Town Clerk. 

5. Sale, requisites of. Every such sale shall be at auc- 
tion, in some public (1) place, in the town or place where the 
land is situate, and between the hours of ten in the forenoon 
and six in the afternoon, and shall be of so much of the 
owner's estate as will pay the taxes and incidental charges ; 
but, if necessary, the sale may be adjourned from day to 
day, not exceeding three days, by proclamation made at the 
place of sale within the hours aforesaid. — Id., s. 5. 

(1) What is a public place is in general a mixed question of law and fact, or, if the 
facts are not in dispute, a question of law. Practically, it is generally supposed to mean 
a tavern, store, or other place where people are in the habit of resorting for business 
purposes, or a meeting-house open from week to week for public worship. What 
might be sufficient in one town may be wholly inadmissible in another. A private 
dwelling-house may be a public place within the meaning of this statute, if the public 
are accustomed to resort to it, and there is no other place better calculated to give 
notice of the sale to those interested.— 57 R. 556; 43 R. 397; 28 R.428; 40 R. 188; 3 R. 178; 
21 R. 562 ; ante p. 46, s. 13 (c). 

6. Purchase by town. If such sale shall be adjourned 
from day to day, and no person shall appear on or before 
the last adjourned day therein provided for who shall offer 
to pay the taxes and incidental charges on said estate for a 
part or the whole of the same, then on said last adjourned 
day the town in which said estate lies may become a purcha- 
ser at the sale thereof for the amount of the taxes thereon, 



COLLECTION OF NON-RESIDENT TAXES. 239 

and the selectmen of such town in its name may make such 
purchase. — Id., s. 6. 

(a) A holder of a mortgage cannot defeat a prior mortgage by acquiring a tax title. 
And in general, no one interested in land with others, all deriving their titles from a 
common source, can acquire a tax title to the injury of the others.— Woodbury v. Swan, 
59 R. 22 ; Saunders v. Fanner; Kezer v. Clifford, 59 R. 208 ; Desty on Taxation, s. 27. 

7. Account of sales. The collector shall, within ten 
days after any sale, deliver to the town-clerk an account (1) 
of the sales, with the charges of sale, under oath, copies of 
the newspapers in which the advertisement was published, 
and the advertisement posted, with an affidavit that it was 
so posted, which shall be kept on file ; and the said account, 
advertisement, and affidavit shall be recorded by the town 
clerk, and a certified copy of such record shall be competent 
evidence. — Id., s. 7. 

(1) See post s. 8, for form of the account. Effect of non-compliance, see post s. 22. 

8. Foem or. ' Such an account may be in form as fol- 
lows : 

ACCOUNT OF SALES FOK TAXES. 

The following is an account of the sales for taxes for the 
year 18 — , of the real estate of persons not resident in the 

town of , on the — day of , 18 — , at , in 

said town. 

Lot No. 10, in the 5th range of lots in said town, was sold 

(1) to for the sum of dollars and — cents, the 

amount of the tax thereon (which was dollars and — 

cents), and incidental charges thereon, which were dol- 
lars and — cents, he being the highest bidder for the same. 

Lot. No. — , etc., etc. 

By the conditions of sale, which were publicly made 
known at said sale, the person who would pay the tax and 
incidental charges upon any parcel of land for the smallest 
quantity thereof, was to be deemed the highest bidder. 

Said sale commenced at eleven o'clock in the forenoon, 
and closed (2) at — o'clock in the afternoon of said day. 



240 COLLECTION OF NON-RESIDENT TAXES. 

The whole charges of said sale were as follows : [Here in- 
sert the items], amounting in all to the sum of dollars 

and — cents, and I have made out an equal proportion of the 
same to each lot or tract sold as aforesaid. 

Dated at said , this — day of , 18 — . 

, Collector of . 

ss. , 18 — . Then appeared , collector 



of the town of , and made oath that the above account 

by him signed is true. 

Before me, -, Justice of the Peace. 

Received and recorded this — day of , 18 — . 

Attest : , Town Clerk. 

(1) If the sale is of less than the whole lot, it should be of one half, one fourth, one 
eighth, etc. ; or if of so many acres, they must be bounded and described, or the sale 
will be void for uncertainty.— 19 R. 290; Digest, p. 256, s. 172. 

(2) The accouut should show distinctly the time of closing, so that it may show that 
the sale was not after six o'clock ; and if an adjournment was had, it should appear that 
the adjournment was before that hour. The record of the return of sale maybe amended 
to conform to the facts and without terms against one who bought the land after the 
assessment, of the tax, and before the tax sale. Taft v. Barrett, 58 R. 447; see also 57 
R. 557. 

9. Redeeming. Any person interested in land so sold 
may redeem the same by paying or tendering to the collec- 
tor or his administrator, or, in his absence, at his usual place 
of abode, at any time before a deed thereof is given by the 
collector or his administrator, the amount for which the land 
was sold, with twelve per cent, interest thereon from the 
time of sale to the time of payment or tender. — G. L., c. 59, 
s. 8. 

10. Of subsequent tax. The purchaser of land so 
sold may pay to the collector any tax assessed upon the land 
subsequent to that for which it was sold, and the amount 
so paid on account of the subsequent tax, with interest there- 
on, shall also be paid to the collector by the person claiming 
the right to redeem, in order to redeem the land. — Id., s. 9. 

11. Receipt foe the money. Upon such payment or 
tender, the collector or his administrator shall give a receipt 



COLLECTION OF NON-RESIDENT TAXES. 241 

therefor, and shall pay over the money so paid or tendered 
to the purchaser upon demand. — Id., s. 10. 

12. Leaving money with clerk. If a tender is made 
in the absence of the collector or his administrator, at his 
house, the party tendering shall, before the time of redemp- 
tion expires, leave the money so tendered with the town- 
clerk, for the use of such collector, with a notice (1) of the 
tender, which shall be forthwith recorded by the town- 
clerk, who shall give a receipt for the same, and shall be 
paid by the person making such tender, as his fees, ten per 
cent, upon the amount so tendered. — Id., s. 11. 

(1) Such notice may be as follows: 
To the Toicn Clerk of : 

You are hereby notified that on the —day of , 18 — , I tendered the sum of 

dollars and cents at the usual place of abode of , collector [or " administra- 
tor of , the collector "] of said town, for the year 18—, to redeem lot No. 5 in the 

6th range from a sale made by said collector on the — day of , 18 — , and said 

being absent at the time of said tender, said sum is herewith left with you for his use. 

Dated at said , this — day , 18 — . 

, Collector of . 

13. Part redemption. Every person interested with 
others in any land may pay his proportion of the tax, and 
the residue only shall be sold ; or he may redeem his share 
of the land when sold, by paying his proportion of the tax, 
cost, and interest. — Id., s. 12. 

14. List of lands redeemed. Within ten days after 
the expiration of one year from the sale, the collector shall 
leave with the town-clerk, to be recorded, a correct list (1) 
of the lands so redeemed. — Id., s. 13. 

(1) Such list may be as follows : 

LIST OF LANDS BEDEEMED. 

The following is a correct list of lands redeemed from my sale of , 18—, for 

the taxes of the year 18 — . 

Lot No. 5 in the 6th range, redeemed by . 

Lot, etc., etc. 

Witness my hand this day of , 18 — . 

Collector of . 

15. Deed after oxe year. The collector, if living, 
otherwise his administrator, after one year from the sale, 

11 



242 COLLECTION OF NON-RESIDENT TAXES. 

shall execute to the purchaser or his heirs, on request there- 
for, a deed of the land so sold and not redeemed, which shall 
be substantially in the following form : 

Know all Men by these Presents, That I, , collector 

of taxes for the town of in the county of and 

state of New Hampshire, for the year 18 — , by the authority 
in me vested by the laws of the state, and in consideration 

of to me paid by , do hereby sell and convey 

to him, the said , his heirs and assigns [here describe 

the land sold], to have and to hold the said premises with 
the appurtenances to him , his heirs and assigns for- 
ever. And I do hereby covenant with said , that in 

making sale of the same I have in all things complied with 
the law, and that I have good right, so far as that right may 
depend upon the regularity of my own proceedings, to sell 
and convey the same in manner aforesaid. 

In witness whereof I have hereunto set my hand and seal, 
the — day of . 

Signed, sealed, and delivered in presence of 



16. Highway tax. Every non-resident shall have the 
same right as residents, at any time between the first and 
twentieth day of June, to pay any highway tax assessed on 
his land in labor, under the direction of such surveyor of 
highways or other proper person as the selectmen may des- 
ignate ; and such selectmen or surveyor shall give to such 
non-resident a certificate (1) of the amount of such labor, 
which shall be received by the collector and by the town- 
clerk in payment of such tax. — Id., s. 15. 

(1) The form of such certificate may be as follows : 

(1) To , Collector of the town of : 

I certify that A B has paid $ , being the amount of the highway tax assessed upon 

land claimed by him by labor upon the highway in the district in which said land is 
situate. 

Date and signature as highway surveyor. 

17. Fees of collectors. The fees of collectors shall 



COLLECTION OF NON-RESIDENT TAXES. 243 

be as follows : For travel to the place where the advertise- 
ments for the sale are to be printed, and returning home, five 
cents per mile ; for advertising in the newspapers and in 
town, one dollar ; for making the sale, one dollar a day, and 
the same sum for a clerk ; for each deed made to a purcha- 
ser, twenty-five cents ; the sums actually paid the printers, 
not exceeding one dollar and fifty cents a square for three 
insertions, shall be a legal charge. — Id., s. 16. 

18. To be apportioned. The collector shall make out 
an equal proportion of his fees and charges, and of the sums 
paid to printers, to each lot or tract of land advertised or 
sold as aforesaid ; and no person shall be holden to pay any 
more costs than his just proportion of those incurred at the 
time of the payment of his tax. — Id., s. 17. 

19. Penalty foe illegal fees. If any collector shall 
demand or take any other or greater fees than are by law 
allowed for any of the services by him rendered, he shall 
forfeit five dollars to the person suing therefor. — Id., s. 18. 

20. Separate interest. Any separate interest in land, 
and any buildings, timber, or wood, standing or growing on 
land owned by another person, shall be taken to be real es- 
tate, within the meaning of this and the preceding chapter. 
—Id., s. 19. 

21. Non-resident warrant and list. These may 
be as follows : 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

To . Collector of Taxes of the town of in the 

county of : 

In the name of said state you are required to collect the 
taxes in the following list, amounting in all to the sum of 

dollars, with ten per cent, interest from the first day of 

December next, on all sums not paid on or before that day, 
and pay to the treasurer of said town the sum of dol- 
lars on or before the first Saturday of next, and the 



244 



COLLECTION OF NON-RESIDENT TAXES. 



residue of such taxes on or before the first Saturday of , 

18 — . You are also required on the first Saturday of every 
month to pay to said treasurer all money thus collected and 
not before paid to him, and at the same time submit your 
tax-book and tax-list to him for his inspection and computa- 
tion. 

[By a vote of said town all persons who shall pay their 

taxes on or before the — day of next, will be entitled 

to a discount of — per cent., and all persons who shall pay 

on or before the — day of next, to a discount of — per 

cent.] 

Hereof fail not. 

Given under our hands and seal this — day of , 

18—. 

) Selectmen 
of 



LIST OF NON-RESIDENT TAXES IN THE TOWN OF 



18- 












05 

S 




m 


& 






Name of 


Name of 




rt 


Description of 


o 


a 


o _ 


Sf 


owner. 


original 
owner. 


<S 


o 


the land. 


o 


Is o 




£ 

J3 






o 


o 




G 




«« 05 








fc 


fc 




fc 


H 


CO 


a 












$ 


Cts. 


$ 


Cts. 


AB 




3 


2 




100 


$250 


6 


45 


2 


84 




CD 






Howard pasture. 


50 


600 


15 


60 


5 


20 



The above and foregoing is a list of the taxes assessed on 

the real estate of persons not resident in the town of , 

for the year 18 — . 

Witness our hands at said , this — dav of , 

18—. 

) Selectmen 

> of 



22. Requisites eor a yalip tax title. These are,— 



COLLECTION OF NON-RESIDENT TAXES. 245 

I. A legal assessment, and this implies an assessment cor- 
rect in form upon legal votes at a meeting duly called and 
h olden — 52 R. 512. But if the assessment is in general 
correct, it is no objection to a sale for a particular tax that 
a tax against another person, or upon another lot, is illegal. 

II. A legal and sufficient warrant and tax-list, both (in 
legal effect) signed by a majority of the selectmen, commit- 
ted to the collector on or before the thirtieth day of May. — 
6 R. 182; 37 R. 317; Digest, p. 602, s. 154. See ante, p. 
228, s. 1. 

III. The decision in 6 R. 182, that the purchaser must 
show that the invoice, or a copy thereof, was left with the 
town-clerk prior to the first day of July, does not seem to 
have been overruled so far as relates to non-resident taxes, 
and since the requirement is for the benefit of the land- 
owner, a compliance with it may be indispensable — 37 R. 
312 ; Digest, p. 602, s. 154. 

IV. A legal posting in some public place in the town 
where the land lies, and publishing in newspapers. 

V. If any portion of the tax has been paid, the sale must 
be for the residue only.— 17 R. 394; Digest, p. 602, s. 172. 

VI. The sale must conform to the advertisement, the 
offer to sell and the sale being of so much of the land as will 
pay the tax upon it and incidental charges. 

VII. The sale must be between (1) the hours of ten in 
the forenoon and six in the afternoon, unless the sale is ad- 
journed, for one day at a time only and not exceeding three 
days in the whole, by proclamation at the time and place of 
sale, and be within one year(T) from the first day of June 
next after the assessment of the tax. 

(1) See ante s. 5. 

(2) See ante p. 233, s. 15 (1). 

VIII. The return within ten days after the sale of a 
sufficient account of the sale, under oath, showing to whom 
each parcel was sold. — 6 R. 182- Digest, p. 602, ss. 168, 
169, 173. 



246 BANK STOCK AND SAVINGS-BANKS. 

IX. It may be necessary that such account be recorded 
as required by law. 

X. If the land has been redeemed, the deed will be inop- 
erative ; and the return of the list of lands redeemed may 
be indispensable, although it has been held that the provi- 
sion in regard to the filing of the newspapers is directory 
only, and the title may be valid without it. — 17 R. 420 ; 
Digest, p. 602, s. 176 ; 52 R. 518, 526 

XI. The return of the affidavit of posting may be indis- 
pensable. 

XII. Illegal fees will not vitiate the sale. — 17 R. 394. 

XIII. It is sufficient for the purchaser to show that the 
selectmen and collector were acting officers, and their neg- 
lect to take the oath of office will not defeat his title. — 24 
R. 212; 7 R. 113, 131; 17 R. 420; 37 R. 309; 19 R. 290. 

XIV. If the collector comes in by an appointment, it 
seems that he has no authority to act until it has been re- 
corded.— 37 R. 312. 

XY. It is no legal objection that the sale was after the 
return day of the warrant. — 52 R. 525. 

XVI. A competent purchaser. See ante p. 268, s. 6, and 
p. 239 (a) ; 63 R, 328. 



CHAPTER XXXIX. 

BANK STOCK AND SAVINGS-BANKS. 

1. Bank stock. All shares of the capital stock of the 
banks located in this state, whether private, state, or nation- 
al, shall be taxed at their par value to the owners thereof, 
in the town in which they reside, if in this state. All shares 
standing in the names of persons residing out of this state 
shall be taxed to the persons in whose names such shares 
may stand in the town where the bank is located ; and such 



BANK STOCK AND SAVINGS-BANKS. 247 

taxation shall create a lien in favor of the town where such 
bank is located upon such shares for the payment of said 
taxes. — G. L., c. Q5, s. 1. 

2. Cashier to transmit lists. It shall be the duty 
of the cashier of every such bank, on or before the fifth day 
of April in each year, to make out and send a notice in writ- 
ing to the selectmen or assessors of the several towns or 
cities in this state, in which persons or parties may reside 
who own shares in their respective banks ; in which notice 
shall be stated the name or names of the person or persons, 
party or parties, who own shares in their respective banks 
on the first day of April in each year, the number of shares 
owned by each and the par value of a share, and to deposit 
said notice in the post-office in the town in which any such 
cashier may reside, directed to the selectmen or assessors 
aforesaid. — Id., s. 2. 

3. Of non-eesidents. Such cashier, on or before the 
fifth day of April in each year, shall furnish to the select- 
men or assessors of the town or city where said bank is 
located a like list of the stockholders of said bank not resi- 
dent in the state, the number of their shares, and the par 
value of the same. — Id., s. 3. 

4. Penalty eor neglect. The cashier of any bank in 
this state, who shall neglect or refuse to comply with the 
provisions of the preceding sections, shall forfeit the sum of 
one hundred dollars for each offence, to be recovered by in- 
dictment, for the use of the town in which persons or par- 
ties may reside owning shares as aforesaid, and for the use 
of the town in which the bank may be located, when the 
persons or parties owning shares therein are not residing 
within this state. — Id., s. 4. 

5. Lien for tax. Such bank shall have a lien upon 
the shares and the dividends thereon, of any stockholder 
residing out of the state, for the payment of said tax, with 
interest thereon. — Id., s. 5. 



248 BANK STOCK AND SAVINGS-BANKS. 

6. Collateral securities. All stocks subject to tax- 
ation in this state, standing in the name of any savings-bank, 
but held as collateral security, shall be reported with its 
owner's name by the treasurer, under oath, to the assessors 
of the town where its owner resides, if within this state, 
otherwise to the town where the corporation is located. — 
G. L., c. 170, s. 17. 

7. Real estate of savings-banks. — All real estate 
owned by savings-banks in this state shall be taxed in the 
town or place where situate, in the same manner and at the 
same rate as real estate owned by other parties. — G. L., c. 
65, s. 6. 

8. Deposits in savings-banks. The treasurers of sav- 
ings-banks shall annually, on or before the first day of May, 
transmit to the state treasurer a statement under oath of the 
amount of all deposits and accumulations in their respective 
savings-banks, on the first day of April next preceding, with 
the names of the towns, and the aggregate amount of such 
deposits and accumulations made by persons resident in such 
towns, and the whole amount of deposits and accumulations 
owned by persons not resident in the state, or whose place 
of residence is unknown. — Id., s. 7. 

9. Tax paid to state treasurer. Every savings- 
bank shall pay annually, on or before the fifteenth day of 
June, (1) to the state treasurer, a tax of one per cent, upon 
the whole amount of deposits and accumulations so returned, 
which is not so invested in real estate, and no other tax shall 
be assessed on said deposits and accumulations, or against its 
depositors, on account thereof ; and if any savings-bank shall 
neglect to pay said tax at the time specified, said state treas- 
urer shall add thereto interest, after such default, at the rate 
of ten per cent, per annum, and shall issue his extent for the 
sum so unpaid and said interest thereon till the time of pay- 
ment, and all property of the corporation, on the first day of 
April preceding, shall be holden for its payment. — Id., s. 8. 



EXTENTS. 249 

(1) This tax of one per cent, is a property tax, and is not discontinued during the 
winding up by receivers of an insolvent bank.— Bartlett v. Carter, 59 R. 105. 

10. Distribution. Chapter thirty-nine of the Laws of 
1885, repealing section nine of chapter sixty-five of the Gen- 
eral Laws. says. — The state treasurer is hereby authorized to 
use the funds received on account of the annual tax upon 
savings-banks for the payment of ordinary state charges, but 
shall, on or before the first day of January, annually, pay to 
each town in which any of said depositors resided on the 
first day of April next preceding, such part of said tax as 
would be in proportion to the amount of said deposits and 
accumulations held bv residents of said town on said day. 



CHAPTER XL. 



EXTENTS. 



1. Br treasurers. The state treasurer, and each county 
and town treasurer, may issue extent under their hands and 
seals respectively, in cases authorized by law, and such ex- 
tent shall be deemed to be executions against the person 
and property. — G. L., c. 66, s. 1. 

'2. Against towns. Am- town which shall neglect to 
choose proper officers for assessing and collecting taxes, shall 
be liable to an extent for state and county taxes ; and the 
same may be levied upon the property of any inhabitant or 
owner of property therein, if no estate of such town be found 
whereon to levy the same. — Id., s. 2. 

3. Against selectmen. Selectmen who neglect to 

assess any tax for which they have the warrant of the 

state or county treasurer, at the time and in the manner 

legally prescribed therein, or who neglect to return to either 

of such treasurers or to the town treasurer the name of the 

collector to whom they may commit any tax assessed by 
*11 



250 EXTENTS 

them and payable to such treasurers respectively, shall be 
liable to an extent. — Id., s. 3. 

4. Against collectors. Any collector to whom a tax 
is committed, who neglects to pay the same to the state, 
county, or town treasurer, or other person to whom the 
same is payable, within the time limited in his warrant, 
which shall not be less than three months from the delivery 
of such warrant, except in cases where a shorter time is lim- 
ited by law, shall be liable (1) to an extent. — Id., s. 4. 

(1) He is also liable upon his bond without ttv issuing of an extent.— 59 R. 251. 

5. For tax in arrear. If any collector, to whom any 
tax payable to the state or county treasurer is committed, 
neglects to pay the same within the time limited in his war- 
rant, and the selectmen of the town shall judge that there 
is danger that such collector will abscond or be unable to 
pay the same, they may issue an extent against such collec- 
tor for the taxes in arrear. — Id , s. 5. 

6. No CONCURRENT extents. No extent shall be issued 
by the state or county treasurer against any collector after 
notice given by the selectmen that they have issued an ex- 
tent against him as aforesaid ; but if such tax is not paid 
within three months from the time the same became pay- 
able, an extent may be issued against such selectmen. — Id., 
s. 6. 

7. Against inhabitants. When an extent is issued 
against any selectmen or collector, by the state or county 
treasurer, and sufficient property of such selectmen or col- 
lector cannot be found whereon to levy the same, an extent 
mav be issued against the town, which may be levied upon 
the property of any inhabitant or owner of property therein. 
—Id., s. 7. 

8. Sale as on execution. Personal property, seized 
upon any extent, shall be sold in the same manner as similar 
property is required to be sold on execution. — Id., s. 8. 

9. And deed given. Real estate of every kind so levied 



EXTENTS. 251 

upon shall be sold, and a deed and return thereof made, in 
the manner provided by law for the sale of the equity of 
redemption of real estate mortgaged ; and the owner thereof 
shall have the same right to redeem the same. — Id., s. 9. 

10. To WHOM directed. Extents shall be directed to 
the sheriff of the county where they are to be executed, or 
his deputy, and shall be made returnable to the officer issu- 
ing the same at a certain day named therein, which shall 
not be less than sixty days from the date thereof. — Id., s. 10. 

(a) Form of an extent by a town treasurer. 

THE STATE OF NEW HAMPSHIRE. 
H S3. 

To the Sheriff of said county or his deputy: 

[l. s.] Whereas A B, of , in said countv, a collector of taxes for said town, duly 

elected [or" appointed ," if such is the fact] and sworn, on the — day of last received 

from the selectmen of said town a list under their hands of taxes duly vote i and assessed, 

amounting to the sum of dollars and — cents, with a warrant under their hands 

and seal requiring him to levy and collect said taxes and pay to the treasurer of said 

town the sum of dollars on or before the — day of last, which last mentioned 

sum [or " dollars of which last mentioned sum"] is still unpaid. 

In the name of said state you are commanded to levy the said sum of dollars by 

distress and sale of the real and personal estate of the said collector, and pay the same 
to the treasurer of said town, and for want of such estate to take the body of the said 
A B and him commit to the jail in said county, there to remain till he has paid said sum 

of dollars and your fees and lawful prison charges, or is discharged by due order 

of law. 

And make return of this warrant with your doings thereon to me, treasurer of said 
town, on the — day of next. 

Given under my hand and seal at said , this — day of , 18—. 

, Treasurer of said town. 

(b) An extent by selectmen may be in the same general form, substituting " county 
treasurer" or "state treasurer" for town treasure:-, and inserting after the word " un- 
paid" the following: "And whereas we, the selectmen of said town, judge that there 
is danger that said collector will abscond or be unable to pay said sum." In the name, 
etc. The warrant will be made returnable to the selectmen by whom it is issued at a 
day named therein, which must be not less than sixty days from its date. 

11. Successive extents. If any extent shall be returned 
unsatisfied, (1) farther or alias extents may be issued for 
any sum which may remain due upon such return. — Id., 
s. 11. 

(1) It was held, in Kimball v. Russell, 56 R. 488, that if an extent is issued for a larger 
sum than is due, the process will be no protection to the officer issuing it. 

12. Fees and charges of former extent. Every 



252 EXTENTS. 

extent may include the legal fees and charges incurred upon 
any former extent issued for the collection of the same tax. 
—Id., s. 12. 

13. Remedy over by inhabitant. Every person upon 
whose property an extent against any town has been levied, 
shall have contribution against the other inhabitants or 
owners of property therein for the sums so levied and for 
damages, and shall recover double costs. — Id., s. 13. 

14. By TCnvNS. Towns shall have their remedy, by ac- 
tion against any selectman or collector through whose de- 
fault any extent may have issued, for all sums levied 
thereon, and for damages and double costs. — Id., s. 14. 

15. By selectmen. Selectmen shall have their remedy, 
by action against any collector through whose default any 
extent may have issued against them, for all sums levied 
thereon, and for damages and double costs. — Id., s. 15. 

16. Indemnity to collector. Selectmen issuing any 
extent against a collector shall indemnify (1) him against 
all costs and expenses arising to him by reason of any ex- 
tent issued against him by the state or county treasurer for 
the same tax. — Id., s. 16. 

(1) This may be by a bond in common form with sufficient sureties, and a penal sum 
twice as large as the taxes in ari ear. The condition of the bond may be, — 

The condition of this obligation is such, that whereas the selectmen of said town of 

have issued an extent against said , collector of said town ; now if we shall 

fully indemnify said collector against all costs and expenses arising to him by reason 
of any extent issued against him by the county treasurer [or "the state treasurer" if 
for a state tax] for the same tax, then this obligation shall be void, otherwise in full 
force. 

17. If selectmen in fault. Selectmen shall have no 
remedy against any town for any sum levied upon any ex- 
tent issued against them on their own default, except the 
amount of tax, without any costs of levying or costs of suit. — 
Id., s. 17. 



HIGHWAYS LAID OUT BY SELECTMEN. 253 

CHAPTER XLI. 

HIGHWAYS LAID OUT BY SELECTMEN. 

1. Selectmen may lay out. Selectmen, upon peti- 
tion. (1) may lay out any new highway, or widen and 
straighten any existing highway within their town for 
which there shall be occasion, either for the accommodation 
of the public or of the person (2) applying. — G. L., c. 67, 
s. 1. 

For form of petitions, see ss. 33, 37, 39, post. 

(1) A written or printed petition is indispensable.— 50 R. 9. 

(a) The selectmen, in laying out a highway, act judicially, upon an application in 
writing, and must decide upon their own judgment, uncontrolled by any instructions 
by the town, or any offers by individuals.— 2 R. 309; 10 R. 281; Digest, p. 395, ss. 4-8, 
p. 396, s 26, p. 397, ss 34,35; 5 Pick. 492; 2 Pick. 549. See 12 Maine 32; 5Cush. 182,190; 
1 Met 404; 16 Pick. 217; 9 Pick. 46; 8 Pick. 218; {A) post. 

In determining whether the public good requires the road, the benefit to individuals 
as well as the public in general, the burden upon the town, the right of the owner to 
retain his land unless required for a public use, and all circumstances affecting the 
expediency of the proposed new road, may properly be considered.— 35 R. 214, 216; 5 
R. 560. 

If the road is asked for to accommodate a public building, some regard may be had 
to looks as well as utility.— 28 Vt. 596. 

(b) A road maybe laid out to accommodate pleasure travel.— do R. 134; Digest, p 
159. s. 51; 5 Allen 535. 

(c) A laying out may often be presumed legal from long user and other circumstances, 
though the record be imperfect.— Digest, p. 397, s. 46; 37 Maine 506; 34 Maine 243; 2 
Maine 55; 50 R. 9; 49 R. 173. 

And where the selectmen have jurisdiction, their laying out cannot be impeached 
collaterally.— 50 R. 53S. 

(d) It has been held that a city may appropriate money for a bridge built in the usual 
way, with a proviso that if enough more is contributed to build one with tracks above 
and below, by which the public will be better accommodated, the latter plan may be 
followed by the committee. — Kelley v. Kennurd, 60 R. 1. 

(e) If all the selectmen are disqualified, all may petition for a new board; but if 
there remain one who is qualified, he must appoint two more to act with him, or the 
board is not legally constituted. — Railroad v. Enfield, 57 R. 508; ante p. 120, s. 8, and 
p. 121 (a). 

(2) Where, upon a petition to lay out for the accommodation of an individual, the 
commissioners upon appeal affirmed the decision of the selectmen, but also returned 
that the road " is for the sole accommodation of the defendant and not for the accom- 
modation of the public," it was held that the land could not constitutionally be taken.— 
Underwood v. Bailey, 59 R. 480. But see 3 R. 459; 42 R. 348, 364. 

2. Hearing appointed. Unless the selectmen are 
clearly of opinion that the petition ought not to be granted, 
they shall cause notice in writing of a time and place of 



254 HIGHWAYS LAID OUT BY SELECTMEN. 

hearing appointed by them, to be given to the first peti- 
tioner and to the owners (1) of the land over which the 
same may pass, fourteen days previous thereto. — Id., s. 2. 
For order of notice, see ss. 34, 35, post. 

3. Notice, (1) to whom given. Such notice shall be 
given to each owner in person, or left at his abode, if he is 
known and resides in the state ; otherwise to the person, if 
any, who has the care or possession of the land. — Id., s. 3. 

(1) Notice to one tenant in common cannot affect his co-tenants, nor to the husband 
the wife when she is an owner; — 48 R. 157. 

(a) The mortgagor is entitled to notice, but not the mortgagee, unless he is in pos- 
session (11 R. 294, 26 R. 224, 36 R. 4S); but he may forbid payment to the mortgagor, 
and by bill in equity, if necessary, secure the sum awarded.— Jones on Mortgages, ss. 
708, 709. 

(b) If the road is to pass over a turnpike, the owners of the fee need not be notified, 
unless some new interest is taken.— 10 R. 369; Digest, p. 400, ss. 109, 110; 12 Met. 455. 

4. To GUARDIAN. If the owner is a person under guar- 
dianship, like notice shall be given to his guardian (1). If 
the owner is under any legal disability, a guardian may be 
appointed for him to receive the notice. — Id., s. 4. 

(1) The selectmen, it is presumed, cannot appoint a guardian, and application must 
be made to the judge of probate. 

5. Tenant and reversioner. Tenants for life or 
years, and the owners of the remainder or reversion, shall 
each be separately notified as aforesaid. — Id., s. 5. 

6. If owner unknown. Upon affidavit of one of the 
petitioners that the owner of any land over which such road 
may pass, or his residence, is unknown or uncertain, such 
notice (1) may be by publication. — Id., s. 6. See s. 35 (a) 



(1) This gives constructive notice, and is sufficient, though it may in fact never reach 
the party.— 18 Pick. 309. 

7. Examination of route. At the time and place so 
appointed, the selectmen shall make a personal examination 
of the several routes proposed, and of the highways for 
which such new highway was designed to be a substitute ; 
shall hear all parties interested (1) who may attend, and 



HIGHWAYS LAID OUT BY SELECTMEN. 255 

any evidence they may offer, and may adjourn as they see 
cause. — Id., s. 7. 

(1) This includes the petitioners and land-owners, the town, and any one whose prop- 
erty or personal convenience would be directly affected by the result; but the select- 
men are not to keep the hearing open an unreasonable time. — 39 R. 259; Digest, p. 401, 
ss. 121-123. 

8. Intermediate limits. They may lay out such high- 
way over any ground they may deem most suitable, and 
alter any highway as they judge proper, without regard to 
intermediate limits or particular monuments described in 
the petition. — Id., s. 8. 

(a) Upon a petition to widen and straighten, the selectmen may cut off short curves 
and corners, but cannot lay out an entirely new road. 40 R. 307, 312; Digest, p. 399, s. 
77 ; 11 Maine 275 ; 7 Mass. 162. 

(b) In the most frequented parts of our towns and cities, where the public conven- 
ience requires it, sidewalks may be laid out as a part of the highway, or be acquired by 
twenty years' use, and must be kept accessible, and in good repair.— Digest, p. 397, s. 
50; 6 Cush. 524; 3 do. 174. And by c. 44 of the Laws of 1885, it is made the duty of the 
selectmen to regulate the use of sidewalks in villag s and compact parts of their re- 
spective towns, and for this purpose they may exercise all the powers conferred by law 
upon city councils. 

(c) A highway should not be laid out, unless the public can have access to it without 
being trespassers.— Digest, p. 396, s. 27; p. 403, s. 162; p. 413, s. 386. 

9. Over an existing highway. They may lay out 
the same across an existing highway ; but no damages shall 
be awarded when the public have the right of way over the 
same land. — Id., s. 9. 

(a) This section applies to turnpike roads. Damages, however, are to be awarded to 
the corporation.— 10 R. 369; Digest, p. 400, ss. 109, 110 ; 13 Allen 158; ante s. 3 (b) ; post 
s. ll s s. 16(b) (d). 

(b) The parts of an existing highway not included in the new highway are not dis- 
continued in the laying out.— 19 Pick. 309; see post c. 44, s. 1 (a). 

10. Oyer water. Highways may be laid out across any 
stream (1) or body of water ; but no road or bridge shall 
be so laid out, if the reasonable and proper construction 
thereof may prevent the use of such waters for navigation 
for boats or rafts, or for running timber. — Id., s. 10. 

For forms, see s. 36 post. 

(1) A stream that is boatable by artificial means only is not a public highway.— 11 
Maine 278. Any one who causes special damage by obstructing a public river is liable 
to an action as well as to an indictment.— 51 Maine 256, 264; 7 do. 273; Digest, p. 337, 



256 HIGHWAYS LAID OUT BY SELECTMEN. 

ss. 233, 234; p. 572, s. 7; p. 573, s. 15; p. 162 (c). And so if he cut holes in the ice in a 
track upon a public river that has been used in the same place for twenty years.— 18 
Maine 433. 

A highway may be laid out over land reclaimed from the sea; but not between high 
and low water mark of a navigable river.— 43 R. 603; Digest, p. 396, ss. 28, 29; 1 Gray 
203; 5 Pick. 492; 3 Met. 206; 5 Gray 451. But the laying out above high water mark 
will not be void though a portion of the highway is below.— 3 Met. 445; Digest, 404, ss. 
176, 177. 

11. Corporate property. Any real estate, franchise (1) 
or easement of a corporation may be taken for a highway in 
the same manner as the estate of individuals. — Id., s. 13. 

(1) Where the whole franchise is not taken, see s. 16 (b) (d)p&st. 

(a) A turnpike corporation, over whose road a public highway has been laid, has the 
right to exercise its franchise till the damages awarded have been paid; and will con- 
tinue, so long asit exercises the franchise, subject to all the incidental burdens.— 17 R. 
444; Digest, p. 409, s. 287. 

12. Gates and bars. Any highway for the accommo- 
dation of an individual may be laid out, subject to such 
gafces or bars across the same as may be expedient, to be 
erected and maintained by the person, his heirs or assigns, (1) 
for whose benefit the highway is laid out. — Id., s. 14. 

(1) On the other hand, in laying out a bridge as a highway there may be as many 
tracks as the public convenience requires, and one of these tracks may be above the 
other, and especially intended for the use of a particular corporation, the public not 
being excluded therefrom.— Kellt-y v. Kennard, 60 R. 1. And in laying out for the 
accomm dation of individuals, the selectmen are not required to make it subject to 
gates and bars.— Bacheler v. New Hampton, 60 R. 207. 

The restriction, that no conditions other than gates and bars shall be imposed, has 
been dropped.— See under former statute, 56 R. 187; 50 R. 538, 552. 

13. To BE removed, when. When such gates become 
unnecessary or inexpedient, the selectmen (1) may, on peti- 
tion, notice, and hearing, cause them to be taken away, 
and lay out such road as an open (2) highway, and assess 
such further damages to the land-owners as they shall judge 
proper. — Id., s. 15. 

(1) The decision of the selectmen is not final, but subject to appeal by the petitioner 
or land-owner.— 47 R. 223, 225; see s. 23 post. 

(2) A highway laid out for the accommodation of an individual, although subject to 
gates and bars, is still a, public highway, and the town is liable for special damages 
caused by want of repairs— 42 R. 348, 364; 3 R. 459; Digest, p. 397, s. 49. But it is not 
liable to the owner of the land for injury to his crops by the neglect of the person for 
whose accommodation the road was laid to keep up the bars or gate.— 42 R. 362; Digest, 
p. 409, s. 282. 



HIGHWAYS LAID OUT BY SELECTMEN. 257 

Neglect bythe traveller to put up the bars does not make him a trespasser, but he may 
be liable in an action upon the case for special damages. — 48 Maine 423. 

14. Contributions by others. If at any time after 
such laving out, such highway shall be used for the special 
accommodation of any individual other than the person for 
whose accommodation it was originally laid out, such select- 
men, on petition (1) to them setting forth such facts, and 
upon due notice to all parties, as in case of the original lay- 
ing out, may require such part of the expense of construct- 
ing and maintaining such highway to be borne by the indi- 
vidual so using the same, as justice may require. — Id., s. 17. 

(1) The form of a petition under this may be as follows : 
To the Selectmen of : 

The undersigned represents, that on the day of , 18—, the selectmen of said 

town, upon his petition, laid out a highway for his accommodation , beginning at a [giving 
the termini as in the record], and required the expense of constructing and maintaining 
such highway to be borne by your said petitioner, and making the laying out subject 
to such condition; and your petitioner did bear and has borne the expense of con- 
structing and maintaining hitherto said highway, all amounting to a large sum, to wit, 

dollars, paid and expended by your petitioner. Your petitioner further represents 

that since such laying out, sa ; d highway has been used and is now used for the special 

accommodation of A B of ; and your petbioner prays that, upon due notice, you 

wiil require such part of the expense of constructing and maintaining such highway 
hitherto, and also in the future, to be borne bythe said A B, as justice may require. 
Dated, etc. 

Personal notice to A B. 

The final order, after stating notice, may be,— "And we find that the highway was laid 
out as stated in said petition, that the said petitioner expended in the construction of 

said highway the sum of , and in maintaining the same as in said petition alleged, 

the sum cf , and that justice requires that one part of the expense of construct- 
ing and maintaining said highway be borne by the said A B, and we therefore require 

the said A B to pay to the said the sum of , and also to bear one part of 

the expense of the future maintenance of said highway. 

15. Return of laying out. The selectmen shall, 
within thirty days, make a return of every highway by them 
laid out. describing the same and the width thereof, aud a 
like return of the alterations by them made in existing high- 
ways, with a particular description thereof, and cause the 
same to be recorded by the town-clerk. — Id., s. 18. 

(a) The description may be by reference to apian or survey 39 R. 295, G Cush. 270, 
5 Gray 396, 14 Gray 285, 1 Gray 215) but this mode is not often advisable. To guard 
against loss, the petition, as well as the return, should be recorded.— 43 R. 61; Digest, 
p. 397, ss. 42, 43. 



258 HIGHWAYS LAID OUT BY SELECTMEN. 

16. Damages assessed. They shall assess the dam- 
ages sustained by each owner (1) of the land or other prop- 
erty taken for such highway, and insert the same in their 
return. Those of the tenant and remainder-man or rever- 
sioner shall be assessed separately. — Id., s. 19. 

(1) If the estate is insolvent, the award should be to the administrator. — 25 R. 458. 

Lessor and lessee are entitled to several damages. The lease is not extinguished, nor 
the claim to rent, by the laying out.— 15 Pick. 198, 205 ; 20 Pick. 159 ; 23 Pick. 425. In the 
case of tenants in common, as the heirs of a person deceased, the assessment may be 
separate.— 7 Cush. 533. Neither can bar the other.-— 11 Pick. 269. 

(a) No one can have any damages unless his land or other property is actually taken; 
nor when the road is laid along the line but not over his land.— 24 R. 139; Digest, p. 404, 
s. 189. It would be otherwise if the statute allowed for damage occasioned by the lay- 
ing out.— 3 Cush. Ill, 113. 

An owner of land, who has caused it to be surveyed into house-lots with streets inter- 
secting the same, recorded the plan in the registry of deeds, and sold lots according to 
it, upon the subsequent laying out of the streets is entitled only to such damages as he 
has not already received through the enhanced value of the lots sold or retained, which 
in general can be only nominal.— Walker v. Manchester, 58 R. 438. 

(b) A railroad corporation may have damages for the laying out over their track, 
though the use of it continues.— 14 Gray 155, see (d) post. 

(c) In determining the amount of damages, it is to be assumed that the road will be 
made in a proper manner, and that the easement will be perpetual.— §4 R. 306; 10 R. 
370, 374; Digest, p. 400, s. 109; p. 404, ss. 190, 191. 

In addition to the value of the land actually taken, it is proper to consider the dimin- 
ished value of what is left, from an inconvenient separation of the tract, requiring an 
additional outlay for fences, rendering the buildings less commodious, interrupting the 
supplies of water for cattle, or irrigation, and the like.— 34 R. 313; Digest, p. 404, s. 192 ; 
p. 559, ss. 23, 24 ; 14 Gray 214; 20 Pick. 159 ; 22 Pick. 39 ; 6 Mass. 458; 5 Mass. 437; 9 Mass. 
388; 2 Mass. 492. 

It is the value of the land at the time of the taking. — 15 Pick. 198. 

Damages are not to be given for the probable injury which the business of a land- 
owner may suffer from competition, introduced by the building of the new road (35 R. 
134, Digest, p. 404, s. 193); nor for anticipated loss of custom (23 Pick. 430, 20 Pick. 159); 
nor for anticipated annoyances from the noise and bustle of the street (7 Gray 106). 
See also (d) (c) post. If the public use will require the removal of buildings or parts 
thereof that are upon the land, damages are to be awarded accordingly.— 10 R. 374; 38 
R. 60 ; 2 Gray 267. 

(d) A railroad corporation are entitled as damages upon the laying out of a highway 
across their track, subject to their lawful use of such track, to the expense of erecting 
and maintaining railroad signs and cattle guards at the crossings, and of planking t ;e 
road and keeping it in repair; but not for increased liability to accidents, or the ex- 
pense of ringing bells, nor for its liability to be ordered to build a bridge over the high- 
way. — 14 Gray 155. 

(e) No deduction should be made on account of benefits not peculiar to the land- 
owner, but shared in by other land-owners in the vicinity.— 50 R. 25 ; 42 R. 218 ; 47 R. 
228; 14 R. 155; 13 Gray 546; 11 Gray 113; 23 Vt. 361. Where by the laying out a way 
of necessity was superseded, it was held that the profit which the land-owner derived 
by being discharged of the burden of the way of necessity, might be deducted from the 
land damages.— 47 R. 228. 

The jury may return that the party has sustained no damage, if such is the fact. — 9 
Mass. 388. 



HIGHWAYS LAID OUT BY SELECTMEN. 259 

(f) It is the better opioion that a neglect to award damages to a particular land- 
owner does not make the laying out void, even as to him. He may appeal; or, if too 
late for that and he has not waived his claim, petition for a certiorari.— 27 R. 410; 46 
R. 66; 26 R. 234; 43 R. 609; 49 Maine 143; 8 Cush. 360; 7 Gray 109. 

IT. If owner is unknown. If the person to whom 
the damages should be awarded is unknown, a particular 
description of the estate, (1) franchise, or property taken 
shall be inserted in their return, with the damages assessed 
therefor, without naming the person to whom awarded. — Id., 
s. 20. 

(1) For form, see post 36 (f) (n). 

18. Adjoining towns. The selectmen of two adjoin- 
ing towns, acting jointly and by a vote of the major part of 
each board, may lay out any new highway or alter any ex- 
isting highway within such towns, for the accommodation 
of the public, in the same manner as selectmen are author- 
ized to do in their respective towns ; and shall make return 
thereof as required in case of laying out by selectmen in 
their town, and cause the same to be recorded by the clerk 
of each of the towns. — Id., s. 21. 

19. Petition to court. When such selectmen neglect 
or refuse, upon petition therefor, to lay out or alter, the 
petitioners shall have the same remedy as provided in cases 
of roads prayed for in a single town. Id., s. 22. 

20. Apportionment of costs. The costs of such lay- 
ing out or altering shall be apportioned between the towns 
by the selectmen acting as aforesaid ; and their return shall 
not take effect until such apportionment is made. — Id.,s. 23. 

21. Bridges over the Connecticut. Any town in 
this state, situate on the Connecticut (1) river, may, at any 
legal town-meeting, authorize the selectmen of such town to 
unite with the selectmen or other proper officer of any con- 
tiguous town or towns in the state of Vermont, and con- 
tract with them for the purchase of any real estate, or the 
privilege, easement, or franchise of any bridge or ferry cor- 
poration, if, in their opinion, the public good requires a 



260 HIGHWAYS LAID OUT BY SELECTMEN. 

highway to be laid out over said property, or so near thereto 
as seriously to affect the value thereof. — Id., s. 11 

(1) Our state line goes to the west bank of the river.— Cornish Bridge v. Richardson, 
8 11. 210. 

22. Agreement as to expense. The selectmen of 
such town may also contract (1) and agree as to the propor- 
tion of expense to be borne by each town in such purchase, 
and in the construction and maintenance of a highway over 
said river, including a bridge, and the piers, abutments, and 
approaches thereto, including also the proportion which each 
town shall contribute towards the payment of damages to 
third persons injured in the use of such highways, subject 
to the approval of such towns ; and any contract now exe- 
cuted between the selectmen of such towns shall be legal 
and binding when approved by the towns directly interested 
therein, or if made under the authority of such towns — Id., 
s. 12. 

(1) The agreement should be in writing, and be recorded in each town. 

23. Appeals. Any land-owner or other person aggrieved 
by the decision of the selectmen in the assessment of dam- 
ages in any case relating to a highway, may appeal there- 
from to the supreme court by petition, within one year after 
the highway or alterations are made ; and any land-owner 
or other person aggrieved by the decision of the selectmen 
in the laying out or altering a highway may appeal there- 
from to said court by petition, which shall be filed within 
sixty days after the return thereof is recorded, if he had 
actual notice (1) of such laying out or altering, otherwise 
within one year after the highway or alterations are made ; 
and shall file with it a bond in the sum of two hundred dol- 
lars, with sufficient sureties, conditioned to pay to the peti- 
tioners for the highway or alteration the costs that may be 
awarded them in case the decision of the selectmen is 
affirmed ; and on notice, as provided in section two, and 



HIGHWAYS LAID OUT BY SELECTMEN. 261 

such other notice as the court may order, such petitions may 
be referred to the commissioners. — Section 14, c. 57 of the 
Laws of 1879, repealing ss. 10 and 11 of c. 169, G. L. 

(1) That is, actual notice that the road has been laid out, and return made to the 
clerk.— 59 R. 38; 52 R. 141. 

Upon an appeal by a land-owner, notice of the appeal need not be given to the orig- 
inal petitioners when the first petitioner appears as counsel for the town. — Peirce v. 
Portsmouth, 58 R. 311. See post s. 26 (a). 

24. Bond. The bond should be to the petitioners for the 
road as follows : 

Know all men, etc., as in s. 4 (a), p. 115 ante. 

The condition of this obligation is such, that whereas the 

said has appealed from the decision of the selectmen 

of the town of , in laying out [or " altering "] a high- 
way in said town upon the petition of A B and others, now 

if said shall pay to said petitioners the costs that may 

be awarded them in case the decision of said selectmen is 
affirmed, then this obligation to be void ; otherwise to re- 
main in full force. 

Signed, sealed, and witnessed as in s. 4 (a), p. 115 ante. 

(a) The original petitioners and the town have distinct interests,— the petitioners 
being interested to get the road, and the town in the question of making and main- 
taining it, and in the damages. — Peirce v. Portsmouth, 58 R. 311. 

(b) Upon appeal the court is not required to quash for error in the proceedings be- 
fore the selectmen, especially if such errors are not assigned in the appeal, but the 
whole case will be before the commissioners, and upon their report the decision of the 
selectmen may be affirmed, modified, or reversed.— 63 R. 42; 58 R. 311, modifying 57 R. 
508. 

25. Order of notice. When such petition is filed, the 
clerk shall issue an order of notice with a copy of the peti- 
tion, returnable to the next term of the court, and the peti- 
tioners shall cause a certified copy (1) of the same to be 
given to or left at the places of abode of one of the select- 
men and the town-clerk of each town through which such 
road may pass, twenty-eight days before the next term of 
said court. — Id., s. 2. 

(1) The service by any one of copies certified by the clerk of the court is sufficient.— 
58 R. 150. 
Inhabitants of the town, although presenting a remonstrance to the court against the 



262 HIGHWAYS LAID OUT BY SELECTMEN. 

laying out, cannot object to the sufficiency of notice to the town, the selectmen having 
by written acknowledgment waived legal service.— Knox v. Epsom, 56 R. 14. But such 
remonstrants may appear before the commissioners and shew cause against the laying 
out.— Id. 

26. Authority of commissioners. The commission- 
ers to whom may be referred the petition of any appel- 
lant (1) from the decision of selectmen shall consider and 
report upon the matters in regard to which the appeal is 
taken, as set forth in the petition ; and the decision of the 
selectmen may be affirmed, (2) modified, or reversed by the 
court, according to the report of the commissioners. — Id., 
s. 12. 

(1) Appeal when allowed, and forms, ss. 46-50 ante. Whether an appeal vacates the 
order of the selectmen, see Digest, p. 38, I; 28 Vt. R. 286, 290; 5 Mass. 376; Clark v. 
Manchester, 56 N. H. 502. 

(2) Where, upon an appeal from the assessment of damages, the damages were not 
increased, the appeal was dismissed.— 47 R. 228. See ante s. 24 (b). 

(a) A land-owner appealing may object before the commissioners to any laying out 
otber than for legal cause, and in a legal w ay. — Underwood v. Bailey, 56 R. 187. See 
antes. 23 (1). 

27. Jury to assess. If in the case of any petition re- 
lating to highways referred to the commissioners the person 
to whom damages are awarded is dissatisfied with the same, 
he may appear at the court, when their report is returned, 
and object thereto (1) in writing, and the court shall assess 
his damages (1) by a jury. If he recover a greater sum, he 
shall be allowed his costs ; otherwise he shall pay costs. — 
—Id., s. 13. 

(1) The right to an assessment by jury, and payment before the road is built, does 
not carry with it the right to prevent an acceptance of the report of commissioners 
laying out a highway.— Bridge Co. v. Lebanon, 59 R. 196. 

28. Execution. Executions may be issued for damages 
and costs awarded, in all cases, on petitions relating to high- 
ways, as upon judgments. — Id., s. 14. 

29. Errors corrected. Any mistake in a name, sum, 
number, monument, or the like, in the report (1) of the 
commissioners, may be corrected by the court, or by the 
commissioners by leave of court, without recommitment of 
the report. — Id., s. 15. 



HIGHWAYS LAID OUT BY SELECTMEN. 263 

(1) In Young v. Laconia, 59 R. 534, the petition was allowed to be amended after a 
report laying out the road according to the petition as it was intended, in order to 
avoid seeming discrepancies between the petition and the return. Amendments can be 
allowed in any stage or portion of the proceedings.— 59 R. 91. 

30. Evidence before commissioners. In hearings 
relative to highways, the commissioners (1) may admit or 
reject any evidence offered ; and no report made by them 
shall be set aside or recommitted by the court because of 
such admission or rejection. — Id., s. 8. 

(1) 52 R. 146 ; 53 R. 622. And selectmen have as large a discretion. They should, 
however, in general conform to established rules of evidence, as they are quite essen- 
tial to just results. 

31. Damages, payment of. See post c. 43. 

32. Costs of laying out, apportionment of. See ante 
ss. 20-22, and post c. 43. 

33. The form of a petition for a new highway may 
be, — 

To the Selectmen of the town of : 

The undersigned represent that for the accommodation of 
the public there is occasion for a new highway in said town, 
beginning at the school-house in school-district No. — , and 
thence in a southerly direction to the dwelling-house of 

in said town, and they therefore request you to lay 

out a highway of suitable width on the route above described. 

Dated at , this — day of , 18 — . 

[Signers.] 

(a) Remarks. The principal care requisite in drawing the petition is in respect to 
the termini, or, in other words, the points of beginning and ending. These should be 
definite; and there can be no difficulty in making them definite by putting up stakes 
beforehand, or by beginning and ending at, or so many feet in a given direction from, 
known monuments. 

It is to be borne in mind that the new highway can have its termini or either of them 
in an existing highway, at any convenient distance from the part that is really new. 

A laying out with termini substantially different from those in the petition, or so 
indefinite that they cannot be ascertained, is wholly void, and hence the necessity for 
caution.— 51 R. 300; 44 R. 67, 388; 35 R. 216; 43 R. 609; 2 Pick. 162; 60 R. 207; 59 R. 
534; 56 R. 332; 29 R. 88. 

A house may be taken for a terminus without stating the particular part of it, in the 
petition, but the laying out should be stated definitely, as so many feet in a given direc- 
tion from the middle, or such a corner, of the building.— 42 R. 348; 44 R. 67; 43 R. 609; 
Digest, p. 397, ss. 37-40; 37 Maine 548; 26 Maine 406; 23 Maine 12. 



264 HIGHWAYS LAID OUT BY SELECTMEN. 

The words about and near are superfluous, aud in general inoperative.— 36 R. 404; 35 
R. 368 ; 42 R. 353 ; 9 Allen 203. 

Two distinct and separate highways, even though one of them should intersect and 
run into the other, should not be embraced in the same petition.— 50 R. 27. 

Monuments will govern courses and distances.— 36 R 404; 8 R. 476; Digest, p. 402, s. 
150. See 14 Maine 341. 

(b) It is unnecessary to give intermediate bounds in the petition, and if given they 
may be disregarded.— Digest, p. 398, s. 73; s. 8 ante. 

(c) It is unnecessary to state any particular width in the petition. If the width is 
stated, the selectmen can lay out narrower. — 23 R. 340. If they lay wider than the peti- 
tion, it may be a surprise upon the land-owner, but the town cannot object.— 42 R. 354; 
Digest, p. 402, s. 135. 

(d) If a signing of a petition in pencil be (as it may be) bad, a motion to dismiss for 
that cause must be seasonably made. — Lord v. Dunbarton, 55 N. H. 245. 

34. The order of notice upon a petition for a high- 
way may be, — 

(a) A hearing upon said petition is hereby appointed at 

in said , on the — day of next, at — o'clock 

in the noon : and it is ordered that said petitioners give 

notice of said petition and hearing to the first petitioner, 
and to the owners of land over which said highway may 
pass, and to the guardian of any owner who may be under 
guardianship or any legal disability, and to the person, if 
any, who has the care and possession of the land in case any 
owner is unknown or does not reside in the state, by giving 
to each, or leaving at his abode, an attested (1) copy of said 
petition and this order thereon fourteen days at least before 
the said day of hearing, and to all others interested by post- 
ing (2) a like copy at , in said town (the usual place 

of town-meeting), and leaving a like copy at the abode of 
the town-clerk of said town, fourteen days at least before 
the said day of hearing. 

(b) Given under our hands at said , this — day 

of , 18—. 

) Selectmen 

\ of 



Certificate (3) of posting as ante p. 124, s. 12 (b). 

(1) The copy may be attested by the person serving it, though one of the petition* 
ers.— 25 R. 225; 50 R. 49. 



HIGHWAYS LAID OUT BY SELECTMEN. 265 

(2) It will not be prudent to omit the posting and service upon the town-clerk. — See 
ante p. 118, ss. 2, 3. 

(3) It is not essential, though the better way, that proof of the service come from the 
party who leaves the copy. — 11 R. 293; Digest, p. 401, s. 117. 

35. Notice by publication is in addition to the order 
in the preceding section. It probably is unnecessary when 
any person has the care or possession of the land. 

(a) The form of affidavit may be, — 

I, D W, one of the petitioners for the highway within mentioned, certify that the 
owner of a portion of the land [" that the residence of the owner of land "] over which 
said road may pass is unknown. The portion to which I refer is a parcel of about — 
acres, situate, &c. 

Certificate of oath, as ante p. 122, s. 19 (c). 
(b) The order for publication may be,— 

A hearing upon said petition is appointed to be holden at in said , on 

the — day of next, at — o'clock in the noon, and it appearing by the affidavit 

of one of the petitioners for the highway that the owner of a parcel of land, situate, 
etc., [" that the residence of the owner of land "] over which such road may pass is un- 
known [" is uncertain "] it is ordered that said petitioners give notice of said petition 
and hearing by publishing an attested copy of said petition and this order thereon 

three weeks successively in the , a newspaper printed at in the county of 

, the last publication to be one week at least before the said day of hearing. 

Given, etc., as ante s. 33. 

(c) There should be an affidavit of publication, which may be, — 

I certify that an attested copy of the within petition and order of notice was duly 

published three weeks successively in the , printed at in the county of 

, in the issues of the 2d, 9th, and 16th days of , 18 — . 



Certificate of oath, as ante p. 122, s. 10 (c). 

36. The laying out. The order of notice having been 
annexed to, or following the petition, and the certificate of 
notice the order of notice, the return following the whole, 
may be, — 

(a) Upon the foregoing petition we appointed a hearing, 
and gave notice thereof as aforesaid, and on the — day of 

, 18 — , at — o'clock in the noon, at in the 

town of , the time and place appointed, (1) 

[here insert the names] appeared as parties [and said hear- 
ing was adjourned to the — day of , 18 — , at — o'clock 

in the noon, at in the town of ] ; and 

having heard all parties interested who attended and desired 
to be heard, and all evidence offered by them, and exam- 
ined them and their witnesses under oath, and made a per- 
12 



266 HIGHWAYS LAID OUT BY SELECTMEN. 

sonal examination of the several routes proposed, and of the 
highways for which such highway is designed to be a sub- 
stitute, we are of opinion that for the accommodation of the 
public there is occasion for the same, and we therefore lay 
out a new highway as requested in said petition, described 
as follows : (b) Beginning at a stake thirty feet east from 
the north-east corner of the school-house in school-district 
No. — in said town ; thence south five degrees east, over 
the existing highway three rods ; thence south through land 
of Peter Harvey forty rods to a stake (c) standing on the 

north side of the river ; thence south over land of 

said Harvey six rods (2); thence south over land of John 
Rogers six rods, to a stake standing at the south side of said 
river; thence south four degrees west over land of John 
Rogers, ten rods to a stake ; thence south over land of 
which John Rogers is tenant for life and Charles Rogers is 
owner of the reversion, (d) forty rods to a stake ; thence 

south over the land and (e) railroad track of the 

railroad corporation, but subject to the use of said track by 
said railroad as warranted by law, sixty feet to a stake ; 
thence south three degrees east over land (f) the owner of 
which is unknown, twenty rods to a stake; thence south 
over land belonging to James Peters and Charles Peters, 
minor heirs of John Peters, (g) thirty rods to a stake ; 
thence south over land of John Barber, ten rods to a stake; 
thence south three degrees west over the existing highway 
twenty-five feet, to a stake set in said highway thirty feet 
west of the south-west corner of said Barber's dwelling- 
house ; the above described line to be the middle of the high- 
way, and the highway to be sixty feet wide. (3) 

(h) And we award damages to the respective owners of 
land over which said highway is laid, to be paid by said 
town as follows : 

(i) To Peter Harvey, forty dollars. 

(k) To John Rogers, fifty dollars. 



HIGHWAYS LAID OUT BY SELECTMEN. 267 

(1) To Charles Rogers, fifty dollars. 

(m) To the railroad corporation, sixty dollars. 

(n) To the owner of land before described between the 
railroad track and land and the Peters land, the 



owner being unknown, twenty dollars. 

(r) To James Peters and Charles Peters, twenty dollars 
each. 

To John Barber no damages are awarded, he having 
waived all right to damages. (4) 

(s) Given under our hands at , this — day of , 

18—. 

) Selectmen 

} of 



(t) Return to the town-clerk within thirty days, to be 
by him recorded and kept on file. See s. 15, and ante 125 
(c) (d). 

(1) An appearance without objection is a waiver of all defects in the notice.— Digest, 
p. 401, s. 118. And it has been held that if the party does object to the want of notice, but 
yet defends on other grounds, it is a waiver. He must, it is said, stand on that alone if 
he would insist upon his objection.— 47 R. 223; 2 Pick. 430. 

(2) It is to be presumed, till the contrary is shown, that the owner on each side goes 
half the distance between the banks at low water.— Digest, p. 119, ss. 22, 26. 

(3) The width must be slated.— Digest, p. 397, ss. 51, 52. But if the width and the ter- 
mini are stated, it is not a valid objection, perhaps, that the centre line is not given. — 
4 R. 524; Digest, p. 398, s. 55. 

(4) A land-owner may waive his claim to damages.— 20 R. 318; 42 R. 353; 15 Pick. 81; 
2 Met. 520; 52 Maine 210; 10 Cush. 411; 2 Cush. 361; 12 Cush. 574. 

37. Form of proceedings for a private road. — ss. 
12, 13 ante. 
To the Selectmen of the town of : — 

Your petitioner represents that for his accommodation 
there is occasion for a new highway in said town, beginning 

at , and thence southerly to [state termini as in s. 

33]. 

Wherefore he requests you to lay out such a highway, of 
suitable width, on the route above described. 

Date, etc., as in s. 33. 



268 HIGHWAYS LAID OUT BY SELECTMEN. 

(a) Order of notice as in other cases {ante ss. 34, 35). 

(b) The form of laying out may be as in s. 36 ante, to the words ive are of opinion, 
and then add, " that there is occasion for the same, and we therefore lay out a new 

highway for the accommodation of the said , as requested in said petition, 

as follows: Beginning, etc., thence south, over the existing highway, two rods to a 
stake (at which place is to be a gate); thence south four degrees west, over land of 

, forty rods to a stake ; thence south over land of , fifty rods to a 

stake (at which is to be a gate) ; thence south twenty feet to a stake standing in the 
existing highway; subject to gates across said new highway at the places before indi- 
cated, to be erected and maintained by the said , his heirs and assigns. The 

above described line is to be the middle of the highway, and the highway sixty feet 
wide. 

And we award damages to the respective owners over which snid highway is laid as 

follows: To , one hundred dollars; to , one hundred and fifty dollars; said 

suras to be paid by the said . [Or, one half of said sums to be paid by said , 

and the other half by the said town of , it having been shown that payment of the 

whole amount by said would be burdensome to him.] 

Given, etc., as in s. 36 (s) ante. 

Return, etc., as in s. 36 (t) ante. 

38. FOEM OF PETITION TO REMOVE GATES. 

To the Selectmen of the town of : — 

Your petitioners represent that the gates heretofore or- 
dered to be erected and maintained across the highway in 

said town leading from to , and which was laid 

out for the accommodation of , subject to gates, 

have become unnecessary and inexpedient, and they there- 
fore request you after notice and hearing to cause said gates 
to be taken away, and lay out said road as an open highway. 

Date, etc., as in s. 33 ante. 

(a) Order of notice as in laying out a highway (ss. 34, 35, ante). 

(b) Final order as in (a) s. 36 ante, to the words we are of opinion, and then add 
"that the gates mentioned in said petition across said highway have become unneces- 
sary and inexpedient, and we therefore order them to be taken away, and lay out said 
road as on open highway, and assess further damages to the land-owners over which 
said highway is laid as follows, to be paid by said town : 

To Chester Howe, twenty dollars; to Ira Twitched, thirty dollars. 
Given, etc., as in s. 36 (s) ante. 
Return, etc., as in s. 36 (t) ante. 

39. Petition, etc., to widen and straighten. 
To the Selectmen of the town of ; 

Your petitioners represent, that for the accommodation of 
the public there is occasion to widen and straighten the ex- 
isting highway in said town, leading from southerly to 



HIGHWAYS LAID OUT BY SELECTMEN. 269 



-, and they therefore request yon to widen and straighten 



said highway. 



(a) Order, etc., as in laying out (ss. 34, 35 ante). 

(b) Final order as in (a), s. 36 ante, to the words xoe are of opinion, and then add, 
"that for the accommodation of the public there is occasion to widen and straighten 
said highway, and we do therefore widen and straighten the same as follows: [Here 
describe particularly the alterations, giving metes and bounds.] 

" And we award, : ' etc., etc. 

40. FORM OF PETITION TO A JOINT BOARD. 

To the Selectmen of the towns of Bath and Haverhill : 

Your petitioners respectfully represent, that for the ac- 
commodation of the public there is occasion for a new high- 
way in said towns, beginning at the store of in 

said town of Bath, thence easterly to the barn of ' 

in the town of Haverhill. 

Wherefore we request you to lay out a highway of suita- 
ble width on the route above described. 

Dated at , this day of , 18 — . 

[Signatures.] 

(a) Order of notice as in s. 34 ante, but to be posted in both towns, and signed as fol- 
lows: 

S M , ) Selectmen 

A W , J of Bath. 

N W , ) Selectmen 

C S , j of Haverhill. 

(b) Subsequent proceedings as in other cases, but the laying out to be signed by a 
majority of each board, and a record to be made in each town. 

The costs of laying out must be apportioned. — Ante s. 20. This maybe done by in- 
serting, after the statement of the damages, as follows: And we have apportioned the 
costs of laying out said road, one third to the town of Bath, and two thirds to the town 
of Haverhill. Or perhaps a definite sum may be ordered to be paid by one of the 
towns, and the residue by the other, although the contrary is held in Vermont. — Digest, 
p. 406,s. 237; 34 Vt. 288. 

41. Form of ax appeal to the court from the 
assessment of damages in laying out a highway. 

G ss. To the Supreme Judicial Court : 

G. M., of Bath, in said county, represents, that on the 

day of last, the selectmen of said town, upon a 

petition to them in writing for that purpose, laid out a new 
highway in said town, beginning at , and thence by 



270 HIGHWAYS LAID OUT BY COMMISSIONERS. 

the courses and distances mentioned in said laying out to 

, passing over land of your petitioner [give accurately 

the points of beginning and ending as in the laying out], 

and (1) awarded the sum of dollars to your petitioner, 

as damages for his land taken for such highway. Your pe- 
titioner is aggrieved by the decision of said selectmen in 
such assessment (2) of damages, and prays that his just dam- 
ages for said land may be awarded him. 

By his Att'y, A. P. C. 

(1) If no damages were awarded to him, the petitioner should so allege, and pray for 
an award as above. 

(2) An appeal from the laying out may be in the same form to the word "aggrieved," 
and then say, "by the decision of said selectmen in laying out of such highway, and 
prays that it may be reversed." — Id. 

And an appeal from both may say, "Your petitioner is aggrieved by the decision of 
the said selectmen, both in the laying out said highway, and their assessment of dam- 
ages, and prays that said laying out may be reversed or in default thereof, that his just 
damages be awarded him."— 52 R. 141. 



CHAPTER XLII. 

HIGHWAYS LAID OUT BY COMMISSIONERS. 

1. Petitions to supreme court. Petitions for laying 
out or altering highways may be filed in the office of the 
clerk of the supreme court in the following cases : 1, when 
the selectmen have neglected or refused (1) to lay out or 
alter the highway ; 2, when it may pass over land not in 
any town ; 3, when it may pass over lands in two or more 
towns, one of which is in the county ; 4, when, having been 
laid out by the selectmen, it is discontinued by the town in 
two years thereafter. — G. L., c. 69, s. 1. 

(1) A neglect to make a return of a laying out will give the court jurisdiction.— 9 Met. 
423, 433; see, also, Digest, p. 398, ss. 62-64 ; 12 Met. 208. 

If the selectmen make some alterations, but not all prayed for, a petition may be pre- 
sented to the court. — Emery v. Pembroke, 55 N. H. 229. 

After one petition to the court, a second petition, even after the lapse of two years, 
will be rejected, unless a change of circumstances is shown.— Whitcher v. Landaff, 48 
N. H. 153. 



HIGHWAYS LAID OUT BY COMMISSIONERS. 271 

2. Form of petition to couet upon neglect op re- 
fusal OF SELECTMEN TO LAY OUT A HIGHWAY. 

H ss. To the Supreme Court: 

Your petitioners (1) represent, that for the accommoda- 
tion of the public (2) there is occasion for a new highway 

in the town of , beginning at , and thence in a 

northerly direction to , in said town [state the ter- 
mini of the road as in the petition to the selectmen], and 
that a petition in writing has been presented (3) to the se- 
lectmen of said town to lay out said highway, but they have 
neglected and refused to lay out the same. 

Wherefore your petitioners pray said court to lay out said 
highway. 

[Signatures.] 

(1) The petitioners to the selectmen and to the court need not be the same.— Digest, 
p. 398, s. 67. 

(2) If for a private road, the form may be the same, substituting for the words " of 
the public," the words "of," etc., (the person for whose accommodation the road is 
asked). 

(3) It has been held that such an allegation is so essential that the want of it cannot 
be supplied by amendment for the reason that the court has no jurisdiction.— Digest, 
p. 213, ss. 41, 42. But when the petition contains such an alleg tion, and is sufficient to 
give the court jurisdiction, objections to the form of the petition, or for the want of a 
proper application to the selectmen, and their neglect or refusal, or the want of a legal 
notice, must be made before the petition is referred.— Digest, p. 399, ss. 81, 82; 48 R. 
207. 

For separate roads there should be separate petitions.— 50 R. 27. 

3. Order of notice. When such petition is filed, the 
clerk shall issue an order of notice with a copy of the peti- 
tion, returnable to the next term (1) of the court, and the 
petitioners shall cause a certified copy of the same to be 
given to or left at the places of abode of one of the select- 
men and the town-clerk of each town through which such 
road may pass, twenty-eight days before the next term of 
said court. — G. L., c. 69, s. 2. 

(1) A petition to lay out a highway cannot be made returnable at the same term. — 
Ball v. Westmoreland, 54 N. H. 103. But it is otherwise of a petition for a discon- 
tinuance.-^ X. H. 106. 

4. Over lands not in any town. If such proposed 



272 HIGHWAYS LAID OUT BY COMMISSIONERS. 

highway may pass over lands not in any town, the court 
shall order notice to be given to the owner thereof, if known 
and residing in the state, by giving to him or leaving at his 
abode a like copy ; and if he or his residence is not known, 
or is uncertain, or if his residence is not in the state, by 
publication. — Id., s. 3. 

5. If no sufficient objection (1) is made, all petitions re- 
lating to roads shall be referred to the county commission- 
ers, except where the proposed highway may pass over lands 
in two or more counties. — Id., s. 4. 

(1) In general the reference of the petition to the commissioners, without objection 
after an appearance, is a waiver of all objections to the form of the petition, or the 
preliminary proceedings.— 60 R. 207; 54 R. 449; 44 R. 220; 26 R. 232, 242; 58 R. 19. 

6. To A joint board. In such cases the petition shall 
be referred to the commissioners for all such counties, and 
they shall constitute a joint board ; a copy of such petition 
and of the order of reference shall be furnished to the com- 
missioners of each county, and they shall make a joint (1) 
report to the court. — Id., s. 5. 

(1) The report need not be signed by a majority of the commissioners of each county, 
but only by a majority of the joint board.— 35 R. 292 ; Digest, p. 407, s. 256. 

There must be a seasonable return to the court in each county, and the case be 
entered on the docket.— 51 R. 372. 

7. Commissioner, interested. If any commissioner is 
interested (1) in any such petition, he shall not serve, but 
the vacancy shall be filled, upon petition of a commissioner, 
by any judge of the supreme court. — Id., s. 6. 

(1) The interest must be direct, as when a commissioner resides in the town through 
which the road is to pass, or owns property to be directly affected by the proceedings, 
or perhaps if he is nearly related to one of the petitioners. A remote advantage or 
disadvantage is not sufficient.— Digest, p. 211, ss. 3, 4, 5, and p. 400, ss. 91-93. If a stock- 
holder in a corporation, taxed and paying taxes in the town held liable to contribute, 
he is interested.— 49 R. 328. 

Objections of this character should be made the first legal opportunity, or they will 
be considered waived.— Digest, p. 400, ss. 94-96, and p. 638, s. 5. 

8. Report and acceptance. Any report of the com- 
missioners may for good (1) cause be recommitted, or the 
same may be accepted, and judgment rendered thereon, es- 



HIGHWAYS LAID OUT BY COMMISSIONERS. 273 

tablishing the highway, the alterations, or other matter 
reported upon. — Id., s. 7. 

(1) It was not set aside where the road terminated at the line of the state, although it 
did not there connect with any highway.— 53 R. 530. 

(a) If da T. ages are awarded to one as land-owner who is not entitled to damages, a 
release by him to the town removes the exception.— 38 R. 196. 

9. Unfinished business. The commissioners in office, 
when a petition is referred to them, shall continue to act as 
such in regard to the petition until all the business thereof 
is completed, unless the court otherwise order. — Id., s. 9. 

10. Chairman to issue notice. The chairman of 
the county commissioners shall appoint a time and place of 
hearing on every petition referred to them, of which he shall 
give notice to the selectmen of each town interested therein, 
and to the land-owners, as required (1) of selectmen in lay- 
ing out highways. — G. L., c. 68, s. 1. 

(1) See ante p. 254, ss. 2-7. 

11. If unable to attend. If any one of the commis- 
sioners is unable to attend at said time and place, the com- 
missioners present may, by writing under their hands, ap- 
point a person who has served in said office to act in his 
stead. — Id., s. 2. 

12. Appointee to be sworn. The person so appointed 
shall be sworn to act faithfully and impartially in the pro- 
ceedings upon the petition, and shall have the powers and 
perform the duties of a county commissioner in relation 
thereto. — Id., s. 3. 

13. Return of certificate. The certificate of his 
appointment and oath shall be returned to the court with 
the report of the commissioners, and filed therewith. — Id., 
s. 4. 

14. Examination and hearing. Said commissioners 
shall make examination (1) of the routes, and hear parties 
(2) interested, and shall have like powers as selectmen in 
such case, and shall make report upon the subject of the 
petition to the court in which it is pending. — Id., s. 5. 

*12 



274 HIGHWAYS LAID OUT BY COMMISSIONERS. 

(1) See ante p. 255, s. 7. 

(2) See ante p. 372, s. 2, 255. s. 7 (1), 264, s. 34. 

15. Report to state names and notice. In their 
report they shall certify the names of the several owners of 
land and other property taken for the highway, and to 
whom and in what manner notice was given of the hearing. 
—Id., s. 6. 

16. And character and cost of road. They shall 
insert in their report a particular description of the new 
highway laid out, and its width, or of the alterations made 
in an existing highway, and their estimate of the expense of 
making the same in each town separately. — Id., s. 7. 

17. Land damages. They shall assess the damages 
sustained by the owners of land or other property, as re- 
quired (1) of selectmen, and insert the same in their report, 
stating the damages in each town separately ; and shall cer- 
tify to the clerk of each town the damages to the owners 
therein fourteen days before the court to which their report 
may be returned. — Id., s. 8. 

(1) See ante p. 258, s. 16, and notes; 258 (c) ; 258 (e) (f); 265, s. 36; 269, s. 40 (b). 

18. Grade required. They may prescribe in their 
report (1) the grade, or rise and fall to the rod, of any part 
of the highway laid out, or of any existing highway for 
which the proposed highway, if laid out, would be a substi- 
tute ; and such highway shall be made in conformity there- 
with. — Id., s. 9. 

(1) Bat tbey cannot direct of what materials, or except as to grade, in what manner 
the road shall be constructed.— 31 Vt. 153. 

19. Contribution by other towns. When a peti- 
tion for laying out a highway is referred to the commission- 
ers, any town in which the highway may be may present 
their petition to the commissioners, setting forth that the 
expense of the proposed highway would be excessively bur- 
densome to them, and that another town named, situate in 
the vicinity, (1) would be greatly benefited thereby, and 



HIGHWAYS LAID OUT BY COMMISSIONERS. 275 

praying that a part of said expense may be borne by such 
other town. — Id., s. 10. 

(1) A town in an adjoining county, if in the "vicinity," may be required by the com- 
missioners to pay a part of the expense. Hodgdon v. New Hampton, 56 R. 333. And a 
town may be in the " vicinity " without being adjoining. — Langley v. Barnstead, 63 R. 
246. 

(a) The form of such petition may be,— 
To the County Commissioners of the County of ; 

The town of represents that the expense of the highway prayed for in the pe- 
tition of and others, to be laid out in said town, and which has been referred 

to said commissioners, would be excessively burdensome to the said town of ; and 

the town of , situate in ihe vicinity, would be greatly benefited by said highway; 

wherefore said town prays that a part of said expense, namely, one half, may be borne 
by the said town of . 

Date, etc. 

20. Notice of application. The commissioners shall 
give to such other town notice of the time and place of 
hearing upon the original (1) petition, and of the substance 
of such petition relative to the expense, fourteen days before 
said hearing, and shall hear such other town, if they appear, 
upon the question of laying out the highway, and of their 
contributing to the expense. — Id., s. 11. 

(1) This is a change from the former statute.— 29 R. 369. 

The form of the notice may be, — 
To the Town of in the County of : 

You are hereby notified that a hearing upon the petition of and others for 

a new highway in the town of , has been appointed at in said town, on the 

day of next, at o'clock in the neon, and that a petition has been pre- 
sented to us by said town for an o-der upon you to contribute to the expense of said 
highway, a copy of whu h petition is hereunto annexed. 

Date and official signatures. 

21. Order for a contribution. If after such hear- 
ing the commissioners decide to lay out the highway, they 
may in their report assign (1) such reasonable part of the 
damages assessed, and of the expense of laying out and mak- 
ing the highway, as they think just to be paid by such other 
town. In case the substantial part of the expense of mak- 
ing the highway is the erection of a bridge, such other town 
shall at all times contribute its proportion toward the repair 
and maintenance of such road; and the commissioners in 
such case, in their report laying out the same, shall deter- 



276 HIGHWAYS LAID OUT BY COMMISSIONERS. 

mine the relative proportion to be borne by such other town 
toward the repair and maintenance of such road, until the 
court upon proper proceedings shall change the same. — Id., 
s. 12. 

(1) This, it is held, may be by ordering one of the towns to pay a definite sum.— Di- 
gest, p. 406, s. 237. A separate report upon the subject, if returned at the same time 
with the report laying out the road, may be considered a part of it, and will be a com- 
pliance with the statute.— Digest, p. 406, ss. 238, 239. 

22. To BE heard. Such other town may appear and 
be heard as a party upon the acceptance of the report, and 
by its acceptance said town shall be made liable to pay the 
portion of damages and expense so assigned. — Id., s. 13. 

23. Apportionment to towns in which road is 
LAID. Upon motion of any town interested in a petition 
for a highway, referred to the commissioners, they may ap- 
portion the damages assessed, and the expense of laying out 
and making the highway, among the several towns in which 
it may be, in such sums or shares to each as they may think 
just ; and upon the acceptance of the report the same shall 
be paid accordingly ; and in all proceedings before county 
commissioners relating to highways, they may adjust and 
apportion the costs of such proceedings before them between 
the parties in such manner as they may deem just. — Id., 
s. 14. 

24. In towns bounding on rivers. When a high- 
way is laid out across a stream or body of water constituting 
the boundary between two towns, the commissioners shall 
determine the line across the highway to which each town 
shall construct it, and describe the same in some definite 
manner, so that said line may be readily ascertained; and, 
upon the acceptance of their report laying out the highway, 
the said line shall be the true boundary between said towns 
at that place, for all purposes relating to said highway. — Id., 
s. 15. 

25. Commissioners' eees. The fees to be paid to the 
commissioners for their services on petitions relating to 



PAYMENT OF LAND DAMAGES AND COSTS OF LAYING OUT. 277 

highways, are ten cents per mile for actual travel each way, 
and two dollars per day for the time necessarily occupied in 
making examinations and reports ; and if more than one 
road is examined in any town at the same time, but one 
travel shall be allowed. — Id , s. 16. 

26, Selectmen, laying out by. See ante p. 253, c. 41. 



CHAPTER XLIII. 

PAYMENT OF LAND DAMAGES AND COSTS OF LAYING OUT. 

1. Land damages. Damages for land or other property 
taken for a highway shall be paid, if laid out or altered for 
an individual, by him, unless for good (1) cause shown the 
whole or any part thereof shall be awarded to be paid by 
the town ; if for the public, by the town in which that part 
of the highway is for which the land or other property is 
taken ; subject to such apportionment thereof among the 
towns in which the highway is as may be made by the 
county commissioners in case of petitions referred to them. 
— G. L., c. 70, s. 1. 

(1) Probably it is ,: good cause " if payment would be " burdensome '' to him.— See 
ante p. 274, s. 19; Digest, p. 405, s. 211. 

2. Costs. The costs of laying out or altering a highway 
in a town shall be paid by the town ; and in two or more 
towns, by the towns, to be assessed by the commissioners ; 
or over land not in any town, by the county. — Id., s. 2. 

3. County to pay. If the payment of the damages, and 
the costs of laying out or altering and making the highway, 
would be burdensome to any town, the supreme court, on 
petition, (1) notice to the county commissioners, and hear- 
ing of all interested, may order a part, not exceeding one 



278 PAYMENT OF LAND DAMAGES AND COSTS OF LAYING OUT. 

half the amount thereof, to be paid by the county. — Id., 
s. 3. 

(I) A petition in behalf of the town may be signed by the selectmen, or by an attor- 
ney, or agent duly authorized. — Digest, p. 407, s. 250. 

(a) Form of petition to court for county aid: 
H ss. To the Supreme Court : 

The town of represents that a new highway has been laid out in said town lead- 
ing from to , and damages assessed to land-owners amounting to the sum 

of dollars ; the estimated cost of making said new highway is dollars ; payment 

of the damages and costs of laying out and making said highway would be burdensome 
to said town, and therefore said town prays said court to order a part, namely, one half 
the amount thereof, to be paid by the county. 

The town of , 

By , Selectmen. 

4. No use till payment. No land or other property 
taken for a highway shall be appropriated or used for mak- 
ing the same until the damages assessed therefor are paid 
or tendered (1), except as provided in the two sections fol- 
lowing. — Id., s. 4. 

(1) But when tendered, a subsequent refusal to pay the money tendered will not 
make the entry unlawful.— 18 R. 73; Digest, p. 409, s. 286. But an action lies for the 
money.— Id. See ante p. 256, s. 11 (a). 

A land-owner is not entitled to receive the sum awarded, as satisfaction of part only 
of the laud taken, and the selectmen have no power to assent to his so receiving it. — 43 
R. 609, 615; Digest, p. 409, s. 288. 

(a) This section will nofprevent the acceptance of a report laying out the road before 
an assessment of damages by jury when claimed by a land-owner.— Lyman's Bridge Co. 
v. Lebanon, 59 R. 196. 

5. Excepted cases. If the owner of such land or other 
property is a minor or insane and has no guardian, or re- 
sides out of the state, or is unknown, the land or other prop- 
erty may be used for making the highway or alterations, 
without payment or tender of the damages. — Id., s. 5. 

6. When agent appointed. Such land or property 
may be so used, without payment or tender of the damages, 
when, upon proceedings against the town for neglect to 
make the highway or alterations, an agent is appointed to 
superintend the making thereof. — Id., s. 6. 

7. Action for land damages. In cases where exe- 
cution (1) may not be issued by the supreme court for dam- 
ages on account of a highway, the person entitled thereto 



DISCONTINUING HIGHWAYS. 279 

may recover (1) the same with interest, by action (2) of 
debt, if not paid in thirty days after demand. — Id., s. 7. 

(1) See ante p. 262, s. 28. 

(2) The action is premature if brought before the laying out is complete by the return 
of the selectmen or the acceptance of the report of the county commissioners. — Digest, 
p. 402, ss. 151, 154; 52 Maine 27. 

8. Indemnity. If such damages are assessed without 
naming the person to whom they are awarded, such action 
shall not be maintained, unless at the time of the demand 
therefor reasonable security is tendered to the town or per- 
son liable, to indemnify them against the claim of any other 
party to said damages. — Id., s. 8. 

(a) The security may be in form as follows : 
Know all men, etc., as p. 115, s. 4 (a) ante. 

The condition of this obligation is such, that whereas, upon the laying out of a high- 
way in said tow:i upon the petition of [here insert the name of the first petitioner] and 
others, the sum of dollars was awarded as land damages, without naming the per- 
sons to whom they were awarded, which sum has been demanded of said town by the 

said , as the person entitled thereto, and hus been paid to him by said town. Now, 

if the said obligors shall indemuify said town against the claim of any other party to 
said damages, then this obligation shall be void; otherwise to remain in full force. 
Signed, sealed, and delivered in presence of us, 

(Seal.) 

(Seal.)" 

(Seal.) 

9. After discontinuance. No action for damages in 
laying out or altering a highway shall be brought after it 
has been discontinued, unless brought within six months 
thereafter ; and only the actual damage shall be recovered. 
—Id., s. 9. 



CHAPTER XLIV. 



DISCONTINUING highways. 



1. In what way. Highways in a town may be discon- 
tinued by vote of the town ; if they extend beyond the lim- 



280 DISCONTINUING HIGHWAYS. 

its of the town, they may be discontinued on petition to the 
supreme court, and like proceedings thereon as in laying out 
highways. — G. L., c. 71, s. 1. 

(a) The straightening of a highway, upon a petition to widen and straighten, has been 
held to be a discontinuance of such parts as are left without the limits of the way as 
straightened.— 8 Allen 21; 8 Allen 17; 9 Gray 186; 1 Allen 37; 6 Allen 10; 27 Vt. 728; 17 
Pick. 309; 13 Pick. 102; 7 Mass. 158; 3 Mass. 406. See Digest, p. 407, ss. 242, 243, 244,260; 
ante p. 375, s. 9 (b). Section 7 of c. 53, R. S., operated to discontinue all roads by dedi- 
cation and user short of twenty years.— 50 R. 9. 

(b) A town has power to discontinue a road laid out for the accommodation of an in. 
dividual, as in other cases. — 42 R. 352; Digest, p. 407, s. 246. 

(c) A town cannot discontinue a highway, reserving the right to open it without pay- 
ing damages; the reservation will be void, and the discontinuance absolute.— 10 R. 133; 
Digest, 407, s. 245. 

(d) A discontinuance may be by adopting the report of a committee appointed to con- 
sider the subject.— 13 Gray 254. 

If since the laying out the town has been divided, the road may be discontinued by 
the town within which the road is situate. — Thompson v. Major, 58 R. 242. 

(e) When consent of the court is unnecessary, a vote to discontinue takes effect imme- 
diately, notwithstanding an adjournment of the meeting to another day (37 Me. 52) ; and 
it seems that the vote cannot be reconsidered at such adjournment, if the rights of third 
persons have intervened.— Id. 

(f ) The statute gives no power to lay out or discontinue a public landing— § Allen 
10,17; 1 Me. 109. 

(g) A highway is not discontinued by any abandonment or disuse by the public for 
twenty years.— Thompson v. Major, 58 R. 243; State v. Franklin Falls Co., 49 R. 240. 

2. Form of vote for a discontinuance. " Voted to 
discontinue the highway in said town leading from the 
school-house in school-district No. 3 in said town, southerly 
to the dwelling-house of John Barber, laid out upon the pe- 
tition of Asa Bigelow and others." 

(a) If the highway is in two or more towns, the form of the vote may be, — 
"Voted to discontinue the highway leading from the north end of the bridge over the 

Wild Ammonoosuc river at Swift Water, in the town of Bath, to Bungy bridge, so- 
called, in the town of Laudaff." See 22 R. 576; 34 R. 163, 178; 37 R. 466; Digest, p. 126, 
s. 20. 

(b) The article in the warrant, the vote, the petition to the court, and the report of 
the commissioners, should describe the road discontinued with reasonable certainty, 
but need not follow the exact description in the laying out. Any description that 
plainly designates the highway intended is sufficient.— 37 R. 57, 515; Digest, p. 407, ss. 
251,252; 1 Cush. 496. 

3. Court to consent. If the highway was not laid 
out by the selectmen, or if laid out by them when a petition 
was pending therefor on account of their neglect or refusal 



DISCONTINUING HIGHWAYS. 281 

to lav out, or if proceedings are pending in the supreme 
court against the town for neglect to make or repair it. the 
highway shall not be discontinued without the consent (1) 
of said court. — G. L., c. 71, s. 2. 

(1) If the highway exists only by a twenty years' user, consent is necessary.— 41 R. 
197; Digest, p. 407, s. 247; 30 Maine 351; 37 Maine 67. 

(a) On the laying ont of a highway by the mayor and aldermen of a city, a land- 
owner appealed both from the laying out and the assessment of damages. The com- 
missioners affirmed the laying out, and assessed damages, and from their assessment the 
land-owner claimed an appeal to the jury. Before a final trial, the city discontinued 
the road, and pleaded the discontinuance. Held that this might be done, and that the 
assessment should be limited to the actual damages, the road not having been con- 
structed, the court consenting to the discontinuance. — Clark v. Manchester, 56 R. 502. 

(b) No action for damages in laying out or altering a highway shall be brought after 
it has been discontinued, unless brought within six months thereafter, and only the 
actual damage shall be recovered.— G. L., c. 70, s. 9. 

4. Foevc of petition to the court foe consent to 
a discontinuance. 

ss. To the Supreme Court : 

The (1) town of represents that on the 

day of last, an article in the warrant having been 

dulv inserted for that purpose, said town voted to discon- 
tinue the highway in said town leading from , in an 

easterly direction, to [state the termini of the road], 

and which was laid out by the county commissioners (2) 

upon the petition of and others. Said highway is 

no longer needed for the accommodation of the public. (3) 

Wherefore said town requests said court to consent to the 

discontinuance of the same. 

The town of , 

By their Att'y. 

(1) If the highway is in two or more towns, the towns need not join in the petition 
for a discontinuance.— 37 R. 466; 22 R. 576; 34 R. 163, 168; Digest, p. 126, s. 20. The 
petition, of course, in such case will describe the roa i as being in both towns. See 
ante, p. 12 (a). 

(2) If the road was laid out by the selectmen of one town only, the petition to the 
court will contain allegations showing that the consent of the court is necessary, as 
that the road was laid out pending an application to the court for the same, or that 
proceedings are pending in the court against the town for a neglect to make or repair 
the road. 

3 If the road was laid ont for the accommodation of the person applying, insert 
after the word " public " the words " or the person applying for the same." 



282 DISCONTINUING HIGHWAYS. 

(a) It is not necessary that the petition state the change of circumstances; but when 
the road has not b en constructed, the commissioners are required, if they report in 
favor of a discontinuance, to state with reasonable certainty and minuteness what 
changes have occurred, and how they affect the case, and that the road is discontinued 
on account of such changes.— Digest, p. 408, s. 267. It is n » objection that the changes 
have occurred since the petition was referred.— Id., s. 275. If in such case no change 
has occurred since the highway was laid out substantially affecting the expediency of 
the laying out, there must be a report against the discontinuance of the same. — Id., s. 
264. 

The same change of circumstances that would warrant the discontinuance of a high- 
way in one case, might be entirely insufficient in another, depending on the degree of 
necessity there was for the original laying out of the highway.— Id., s. 268. 

The indebtedness of a town, incurred after a highway was laid out before it was con- 
structed, may be a proper cause for discontinuance; but though large, it is not neces- 
sarily such a cause.— Digest, p. 408, s. 276. 

The construction and near completion of a railroad are proper to be reported as a 
reason for discontinuing a highway not opened for travel, notwithstanding the com- 
missioners who laid the road regarded the laying out and construction of the railroad 
as an event certain to happen in a few years. — Id., s. 277. 

And so of the extension of a railroad, which at the time the highway was laid had 
been granted, and to a certain point finished.— Id., s. 278. 

But not the mere pendency and reference of a petition for another highway, which 
might be a substitute for the first. — Id., s. 279. 

Where the highway has not been constructed, the subsequent laying out of another 
highway by the selectmen, acting in good faith, which may obviate the necessity of the 
one in question, is competent for the consideration of the commissioners, and if deemed 
by them sufficient to warrant a discontinuance, their conclusion will not be revised by 
the court (Digest, p. 408, s. 266, 60 R. 576); and so of the fact that a considerable portion 
of the wood and timber standing near the highway at the time of the laying out has 
since been cut and carried away (58 R. 127, post, s. 6 (1) ) ; and so of the fact of the dim- 
inution of the ability of the town to build and maintain the highway. — Tuftonbor- 
ough v. Fix, 58 R. 416. 

5. Damage for. discontinuance. On petitions for the 
discontinuance of highways referred to the county commis- 
sioners, if they report for the discontinuance they shall as- 
sess the damages occasioned (1) to any person thereby. — 
G. L., c. 71, s. 3. 

(1) This is general, and one whose land does not abut on the highway will be entitled 
to damages if he has sustained any, — that is, special and peculiar to him, and not com- 
mon to the public; and the commissioners may consider the bearing of such liability 
for damages upon the question of discontinuance. — 58 R. 127 ; 50 R. 530. 

(a) A highway laid out by the selectmen may be discontinued by the town without 
an award of damages. These may be had by petition to the court.— Thompson v. 
Major, 58 R. 243. 

6. Petition for, to court. The damages sustained 
by any person by the discontinuance of a highway by vote 
of the town, may be assessed on petition therefor to the su- 



MAKING AND REPAIRING HIGHWAYS. 283 

preme court ; and like proceedings may be had thereon, and 
in the assessment of such damages by the commissioners as 
in the case of damages for laying out highways.(l) — Id., s. 
4. 

(1) The form of such petition may be as follows : 

ss. To the Supreme Court : 

A B, of in said county, represents that at a legal meeting of said town, held at 

on the day of , 18 , said town voted to discontinue a highway be- 
fore tint time laid out by the selectmen of said town, leading from to . 

Your petitioner sustains damages by such discontinuance, and he prays that they may 
be assessed and awarded to him, and that he have execution therefor as provided by 
law. 

I Signature. 



CHAPTER XLV. 

MAKING AND REPAIRING HIGHWAYS. 

1. Money eor. Towns shall raise such sum as they judge 
necessary for each year, to be assessed and collected as state 
taxes, for making and repairing highways and bridges 
therein, and in other towns according to any order of the 
supreme court. — G. L., c. 72, s. 1. 

(a) Towns may legally vote to raise a part of their highway taxes to be expended in 
summer, and a part in winter.— 21 R. 425, 432; 42 R. 338. 

But in the absence of such a vote, the selectmen cannot control the discretion of the 
surveyor as to the time or season.— Id. ; Digest, p. 409, ss. 296, 297. 

(b) Selectmen have power to appoint agents to build a road ^24 R. 208, Digest, p. 410, 
s. 304^, and perhaps they may accept the road as having been made according to the 
contract, but a highway surveyor cannot. See 5 Allen 120; 22 Maine 133. The con- 
tractor may recover for a part performance if beneficial to the town.— Digest, p. 57, ss. 
163, 164; 5 Allen 120; 13 Met. 42; 7 Maine 76. 

2. County to Pay. The supreme court, on petition 
and notice to the county commissioners, may order any part 
of the expense of repairing a highway to be paid by the 
county, when the whole would be burdensome to the town, 
or when the county convention has recommended such 
order. — Id., s. 2. 



284 MAKING AND REPAIRING HIGHWAYS. 

(a) If the highway has been put in repair, the form of the petition may be, — 

G ss. To the Supreme Court : 

The town of , in said county, represents that the highway in said town leading 

from to has been put in repair by said town at an expense of dollars 

within the last days, and that the whole expense of such repairs would he bur- 
densome to said town. 

Wherefore said town prays that a part of said expense, to wit [one half], may be paid 

by the said county. 

The town of , 

By . 

(b) If the an ticip a tLd expense would be burdensome, and the case "admits of delay, the 
form may be,— 

G ss. To the Supreme Court: 



The town of , in said county, represents that the whole, expense of keeping in 

repair the highway in said town, leading from to , would be burdensome to 

said town; wherefore said town prays that a part of said expense, to wit [one half], 
may be paid by said county to said town, or that said highway may be put in repair by 

said county. 

The town of , 

By . 

3. Paying or repairing. The court may order such 
part of the expense to be paid to the town, or cause the 
highway to be put in repair in such manner as they think 
proper, and draw their order for such part upon the county 
treasurer. — Id., s. 3. 

4. Other towns. When the expense of rebuilding or 
repairing a highway would be excessively burdensome to 
the town in which it is situate, and another town is greatly 
benefited by such highway, the commissioners, on petition 
(1) to the supreme court, and proceedings thereon, as in the 
case of laying out a highway, may order a portion of the 
expense to be paid by such other town. — Id., s. 4. 

(1) The form of the petition may be, — 

G ss. To the Supreme Court : 

The town of , in said county, represents that the highway in said town, leading 

from to , has been put in repair [and a bridge in the same rebuilt] by said 

town, at an expense of dollars, within the last months. 

The whole expense of such repairing [and rebuilding] would be excessively burden- 
some to the said town of , and the town of in said county is greatly benefited 

by said highway; wherefore the town of prays that a part of such expense, 

namely [one half], may be ordered to be paid by the said town of . 

The town of , 

By 



MAKING AND REPAIRING HIGHWAYS. 285 

(a) In order to such contribution by another town, it is not essential that the latter 
should hare been made a party to the original laying out, or to any of the proceedings 
before the rebuilding or repairing.— Pittsburg v. Claries v 11 le, 58 R. 291. 

5. Surveyors chosen. Towns may choose (1) as many 
surveyors of highways as they think proper. If none are so 
chosen, the selectmen shall appoint (2) such surveyors, and 
they shall enter upon the duties (3) of their office on the 
fifteenth day of May, or earlier if the town so vote. — Id., 
s. 5. 

(1) The surveyor has no authority unless chosen at a legal meeting.— 7 R. 206 ; Digest, 
p. 500, s. 46; 34 Me. 575. But a meeting may be called by those who are acting select- 
men.— Digest, p. 499, ss. 29-39. 

(2) Such an appointment may be in form as follows : 
To [insert the names] of the town of : 

Whereas said town has failed to choose surveyors of highways for the year 18—, we, 
having confidence that you will properly discharge the duties of the office, hereby ap- 
point you surveyors of highways for said year, and upon your taking the oath of office 
and having this appointment and the certificate of said oath recorded in the records of 
said town, you shall have the powers, perform the duties, and be subject to the liabili- 
ties of said surveyors. 

Date, signature, etc., as ante p. 116, s. 6 and notes. 

(3) They must be sworn, or they will be trespassers.— Digest, p. 500, s. 47. The record 
is not the only evidence of their being sworn. — 5 Vt. 409. 

6. Districts and warrants. On or before the first 
day of June, annually, the selectmen shall limit the several 
surveyors' districts, and give to each surveyor a list of the 
persons in his district, with the highway tax against each, 
and a warrant to collect the same, and in the collection of 
highway taxes, assessed on residents and on real estate taxed 
as resident, whether in the name of the owner, or occupant, 
or heirs, or estate, surveyors of highways shall have all the 
powers of and be subject to the same liabilities as collectors 
of taxes. — Id., s. 6, as amended by c. 88 of the Laws of 1881. 

(a) A division may be in this form : 

HIGHWAY DISTRICTS FOB 18—. 

The limits of the districts of the several surveyors of highways in the town of , 

for the year 18—, shall be as follows : 

District No. 1 [A B, surveyor] shall embrace all the highways and bridges between 

the dwelliiig-house of , in said town, and the school-house in school-district No. 

— . District No. 2 [C D, surveyor] shall include all, etc., etc. 

Witness our hands this — day of , 18—. ) Selectmen 

— — ; — — 

Recordings as ante p. 104, s. 5 (c). 



286 



MAKING AND REPAIRING HIGHWAYS. 



(b) Highway districts are for one year only. 

(c) It is not necessary that the division embrace the whole territory of the town. — 21 
R. 431. 

(d) If a highway surveyor sell property to satisfy a tax not legally voted, he will be 
liable in damages to the extent of the value of the property so sold, although the party 
was liable to be taxed for the object for which the tax was assessed.— Digest, p. 240, 
s. 67. 

(e) It has been held that if a highway surveyor is compelled to pay damages for en- 
tering upon what turns out not to be a legal highway, but which was assigned to him 
as one, he may recover from the town upon an implied promise of indemnity.— 34 Vt. 
426. See Digest, p. 607, ss. 23-25. 

(f) The warrant is not returnable process, and the doings of the highway surveyor 
cannot be proved by his return upon it.— 2 R. 390; 43 R. 211; contra, 13 Met. 85, 94. 

7. The form of a surveyor's warrant may be, — 

THE STATE OF NEW HAMPSHIRE. 

To , Surveyor of Highways for district No. — , in the 



town of 



-,for the year 18- 



cts. 



In the name of said state you are required to cause the 
taxes embraced in the list herewith committed to you to be 
worked out, under your direction, upon the highways in 
your district, or otherwise collected according to law. 

You will allow the following prices for labor, materials, 
and use of tools : 

One man per hour, 

One boy per hour, 

One yoke of oxen per hour, 

One horse per hour, 

One cart* per hoar, 

One iron scraper per hour, 

One plow per hour, 

One shovel and hoe per day, 

You will allow for the time necessary for travel to and 
from home and the place where the work is to be done. 

[You must give personal notice to each person named in 
said list, or leave at his usual place of abode a notice in 
writing of the amount of his tax, and of the time when, the 
place where, and the tools and animals with which, he shall 
attend to work out the tax, four days (exclusive of Sunday 
and the day of the notice) before the day appointed, and 



MAKING AND REPAIRING HIGHWAYS. 287 

may require any person to work out not more than one half 
his tax in labor of animals. In cases of sudden emergency 
requiring immediate remedy, you may give such notice to 
attend forthwith. 

If any person so notified does not attend in person or by 
one or more suitable laborers, you shall levy his tax by dis- 
tress as collectors may levy the state tax, unless within four 
days after the time so appointed he renders to you a suffi- 
cient excuse for his neglect; in which case he shall be noti- 
fied to work at some other time. 

You will not proceed by distress until after fourteen days 
from the day such delinquent person shall have been noti- 
fied as aforesaid of the amount of his tax, unless he has 
removed from the town, or, as you have good reason to be- 
lieve, is about to remove from the town. 

You shall not make distress of any person's tools or im- 
plements necessary for his trade or occupation, nor of his 
arms or utensils of household necessary for upholding life, 
nor of bedding or apparel necessary for him or his family. 

You must keep the property distrained four days, exclu- 
sive of Sunday and the day of taking (unless the tax and 
charges shall be sooner paid), at the cost of the owner ; and 
if the tax, cost, and lawful charges are not then paid, you 
are to post in two or more public places in the town where 
the sale is to be, twenty-four hours before the time of sale, 
a notice of the place, day, and hour of sale, with a particular 
description of the property to be sold ; and at the time and 
place appointed (which must be in the town where the dis- 
tress is made, and between the hours of ten in the forenoon 
and six in the afternoon, and within forty -eight hours after 
the expiration of said four days ) you are to sell the property 
distrained (or so much thereof as may be necessary) at pub- 
lic auction to the highest bidder. 

Immediately after such sale you are to deliver, or have in 
readiness to be delivered, to the owner upon request, a par- 
ticular account in writing of his taxes, your fees, the charges 
of keeping and sale, and the amount of sale of each article 
sold, with overplus if any after deducting such tax and 
charges. 

You may purchase timber, plank, and other materials 
necessary for the repair of highways and bridges in your 
district at the expense of the town. You may remove 



288 MAKING AND REPAIRING HIGHWAYS. 

gravel, rocks, or other material (doing no damage to the 
adjoining land) from one part of the highway in your dis- 
trict to any other part of the same highway or any other 
highway therein, for the purpose of grading or otherwise 
repairing the same. 

In repairing said highways, no uncovered trench or ditch 
shall be made by the side of the travelled part thereof next 
and opposite to a dwelling-house, yard, or private way lead- 
ing into any field, land, or other enclosure on said highway; 
nor shall any highway be repaired in any manner so as to 
obstruct the passage to such house, yard, or private way. 

You shall cause all incumbrances upon any highway in 
your district to be removed, as provided in chapter 76 of the 
General Statutes. 

You will allow any non-resident highway tax included in 
your list to be worked out at any time between June 1 and 
20, bat will not yourself otherwise enforce the collection of 
such tax (1). 

If the highway taxes upon your list shall be insufficient, 
you shall give reasonable notice of the fact to the selectmen; 
and in June next after the expiration of your term of office, 
account to the selectmen for the taxes on your list, and pay 
any unexpended balance into the town treasury.] 

The limits of your district are as follows : [Insert.] 

Given under our hands this — day of , 18 — . 

) Selectmen 

\ of 



A warrant with the parts in brackets wholly omitted 
would be a legal warrant. 

(1) See ante p. 242, s. 16. 

8. Notice to WORK TAX. Every surveyor shall give to 
each person named in his list, or leave at his abode, a notice 
of the amount of his tax, and of the time when, and the place 
(1) where, and the tools (2) with which he shall attend to 
work out the tax, four days before the day appointed, and 
may require any person to work out not more than one half 
his tax in labor of animals ; and any person shall have the 



MAKING AND REPAIRING HIGHWAYS. 289 

right to work out at least one fourth of his tax in labor of 
animals. In cases of sudden emergency, requiring immedi- 
ate remedy, the surveyor may give such notice to attend 
forthwith. — Id., ss. 7, 8, as amended by chapter 38 of the 
Laws of 1879. 

(1) This place of meeting need not be upon the highway. — 36 R. 304. 

(2) A notice to work out a tax may be as follows : 
To of the toion of : 

You are hereby notified that a highway tax, amounting t) dollars and — cents, 

against ynu has been committed to me, with a warrant to collect the same, and that you 

are required to appear at , in said town, on the — day of next, at — o'clock in 

the forenoon, with [a shovel and hoe and one yoke of oxen] to work out said tax. 

Dated at said , this day of , 18—. 

, Surveyor of Highways. 

9. Distress. If any person so notified does not attend 
in person, or by one or more suitable laborers, the surveyor 
shall levy his tax by distress, (1) as collectors (2) may levy 
the state tax, unless within four days after the time so ap- 
pointed he renders to the surveyor a sufficient excuse for his 
neglect ; in which case he shall be notified to work at some 
other time. — Id., s. 9. 

(1) It is not quite clear that a highway surveyor can take the body, for the word "dis- 
tress," in its ordinary legal meaning, applies only to goods and chattels. — Bouvier's Law 
Die, vol. 1, p. 432. The statute has been the same in this particular since 1786, and the 
form of warrant in Richardson's Town Officer gives no directions to take the body. But 
in 5 Gray 532, the court speaks of an arrest " on a warrant of distress; " and see Bell's 
Town Officer. The legislature of 1885 having declined to give this authority in express 
terms, a change is made in the form of warrant, ante s. 7, accordingly. 

(2) See ante p. 230, ss. 7-10. 

(3) If the surveyor sell without notice to work the tax as required by s. 8, he will be a 
trespasser.— 15 Me. 247. 

10. Prices. The town may determine the prices to be 
allowed for labor, materials, and use of tools applied in 
working out the taxes ; if not so determined, they shall be 
fixed by the selectmen, and notice thereof given to survey- 
ors. — Id., s. 10. 

11. Travel. The surveyor shall allow to each person 
attending to work out his tax the time necessary for his 
travel from and to his home and the place where the work 
is done. — Id., s. 11. 

13 



290 MAKING AND REPAIRING HIGHWAYS. 

12. Private way. The selectmen may permit any per- 
son not residing upon a highway to work out his tax or any 
part thereof upon any way (1) leading from his dwelling to 
the highway. — Id., s. 12. 

(1) This statute applies to a lane, path, or way of any description from the house to 
the road, whether it has been laid out or not.— 47 R. 273, 276. 

13. In another district. When the whole tax in a 
surveyor's list, in the opinion of the selectmen, is not needed 
in his district, they may order him to cause the whole or 
any part thereof unpaid to be worked out in another dis- 
trict.— Id., s. 13. 

14. If insufficient. When the taxes unpaid in any 
surveyor's list, from unforeseen accident, are insufficient for 
his district, the selectmen may order any other surveyor 
to cause the unpaid taxes or any part thereof in his list to 
be worked out in that district. — Id., s. 14. 

15. Repairs by selectmen. If the highway taxes in 
any town are insufficient for the suitable repair of highways 
and bridges therein, the selectmen (1) may cause them to 
be put in repair at the expense (1) of the town. — Id., s. 15. 

(1) But not until the money raised by the town has been expended. — 16 R. 58; 46 R. 
414. And the selectmen may limit the amount to be expended, and the town will not 
be liable beyond the sum so limited.— Chalmers v. Andover, 63 R. 3. 

16. Purchase of timber, etc. Highway surveyors may 
purchase timber, plank, and other materials necessary for 
the repair of highways and bridges in their districts, at the 
expense of the town. — Id., s. 16. 

(a) If they disclose their agency and purchase as highway surveyors, the claim of the 
seller will be upon the town only. -15 R. 371 ; Digest, p. 25, ss. 127, 128. They may, if 
they choose, pay for the materials, and recover the price of the town.— 24 R. 314 ; Di- 
gest, p. 410, s. 308. 

They are the judges whether the repairs upon the bridge are necessary.— Digest, p. 
410, ss. 306, 307. 

They may cause lumber purchased by them to be surveyed at the expense of the 
town, and are not limited, nor can the selectmen limit them, to sworn surveyors.— Di- 
gest, p. 410, ss. 305, 306. They cannot charge for their own services in drawing the 
materials or putting them into the bridges. — Digest, p. 410, s. 309. Nor for money 
expended in repairs over and above the taxes upon their list, unless done under the 
authority of the selectmen ; and it will not alter the case that the repairs were neces- 



MAKING AND REPAIRING HIGHWAYS. 291 

sary, and the taxes upon their list had all been worked out.— Digest, p. 410, s. 309; 51 
Maine 359; 32 Maine 46; 30 Maine 157; 13 Maine 293; 13 Pick. 343; 4 Pick. 148. 

(b) In a suit against the town for lumber purchased by a highway surveyor, it will be 
sufficient to prove that the selectmen have given him a warrant as highway surveyor, 
and that he has acted under it. — Dow v. Epping, 48 R. 75. 

17. Removing gravel and rocks. They may remove 
gravel, rocks, or other material from one part of a highway 
in their respective districts, doing no damage to the adjoin- 
ing land, to any other part of the same or any other high- 
way therein, for the purpose of grading or otherwise repair- 
ing the same. — Id., s. 17. 

18. Laying out gravel lots. When there shall be 
occasion for soil, gravel, or hard-pan to repair the highways 
in any town, and the same cannot be obtained by agree- 
ment with the owner thereof, a lot not exceeding half an 
acre, with the soil, gravel, or hard pan thereon, may be 
taken by the selectmen, upon petition for that purpose, for 
the use of the town, in the same way and manner, and with 
the same right of appeal to the land-owner, as in the case of 
land taken for a highway. — Id., s. 18. 

(a) The form of the application may be as follows : 
To the Selectmen of the toicn of : 

The undersigned, highway surveyors of said town, respectfully represent that there 
is occasion for soil and gravel [and hard-pan] to repair the highways in said town, and 

that a lot of land described as follows [here insert the description], and owned by 

of said town, is suitable and necessary for that purpose, but the same < annot be ob- 
tained by agreement with the owner thei-eof . 

Wherefore your petitioners pray that said lot, with the soil, gravel, and hard-pan 
thereon, may be taken for the use of said town. 

Dated at said , this of , 18—. 



(b The proceedings subsequent to the petition may be as in laying out highways.— 
Ante p. 263-267, ss. 33-37. The selectmen will return " * * * we find that there is 
occasion for soil and gravel [" and hard-pan," if such is the fact] to repair the high- 
ways in said town, and that the lot described in said petition is suitable and necessary 
for that purpose, and that the same cannot be obtained by agreement with the owner 
thereof ; and we therefore take said lot, bounded aud described as follows : [set it out 
by metes and bounds] with the soil, gravel, and hard-pan thereon, for the use of said 
town, and award dollars as damages for the same to , the owner thereof. 

Given under our hands, etc , etc. 

19. Uncovered ditch. In repairing highways, no un- 
covered trench or ditch shall be made by the side of the 



292 MAKING AND REPAIRING HIGHWAYS. 

travelled part thereof next and opposite to a dwelling-house, 
yard, or private way leading into any field, land, or enclos- 
ure on said highway ; nor shall said highway be repaired in 
any other manner to obstruct the passage to such house, 
yard, or private way. — Id., s. 19. 

(a) If a surveyor violates this section, or commits any malicious or wanton and un- 
lawful act, lie is liable as at common law, notwithstanding the remedy in certain cases 
against the town.— 51 R. 136; 43 R. 212; 34 R. 313; Digest, p. 16, ss. 127, 128; 46 Maine 
127; 43 Maine 322; 32 Maine 325; 1 Pick. 418. 

(b) Except when made liable by statute, the town is not liable for the wrongful acts 
of a highway surveyor.— £2 R. 370; 51 Maine 359; 41 Maine 363; 38 Vt. 350. See 46 
Maine 127; 19 Pick. 511; 3 Hill 612; ante p. 8, s. 3 (b). 

(c) A third person, not acting under the lawful authority of the surveyor, selectmen, 
or town, cannot repair a highway except so far as may be necessary to enable him to 
pass at the time, and if he attempt to do so he will be liable as a trespasser to the 
adjoining owner.— 38 Maine 195. 

(d) The owner of the soil cannot object to the putting in of a reservoir for water to 
sprinkle the streets by the proper authorities.— 32 Vt. 367. Nor to the putting in of 
sewers.— 28 Vt. 363. 

(e) If the owner of land, over which a highwa is laid out, have on the land a natural 
or an artificial wates course to convey water to his house, the road ought to be con- 
structed with a culvert for the water, unless the difficulty and expense would exceed 
the damage caused by stopping the watercourse.— 36 R. 388; Digest, p. 409, ss. 289, 
290; 6 Mass. 454; 21 Pick. 344. 

And where such watercourse is obstructed by neglect of the town to keep the cul- 
vert in repair, the owner, after due notice to the surveyor of the district, may himself 
open the culvert, doing no unnecessary injury to the road.— Id. The town in a similar 
case was held liable to an action of case for its neglect.— 38 Vt. 350; but see 13 Gray 601, 
contra, and ante p. 8, s. 3 (c). 

20. Changing grades. If in repairing a highway by 
the authority of the town the grade is raised or lowered, (1) 
or a ditch made at the side thereof whereby damage is occa- 
sioned to any estate adjoining, the selectmen, on applica- 
tion (1) in writing of the owner, shall, on notice to and 
hearing of the applicant, view the premises and assess the 
damages, (2) and, within thirty days after the application, 
file the same, with their doings thereon, in the office of the 
town-clerk for record. In assessing the damages, any ben- 
efit which the land-owner may receive by such repairs shall 
be set off against his claim. — Id., s. 20. 

(1) For necessary alterations made with due care in the highway, there could, but 
for the statute, be no recovery in any form.— 17 R. 477; Digest, p. 10, s. 19; 32 R. 441; 
43 Maine 322; 28 Vt. R. 824; 13 Allen 146, 159; 1 Pick. 418. 



MAKING AND REPAIRING HIGHWAYS. 293 

If persons employed in constructing a highway necessarily enter upon the adjoining 
land, doing as little damage as may be, they are not trespassers; nor if their cattle 
thus used stray upon the land. — 13 Maine 250. 

The owner of the adjoining land has a right to fill it up, though by so doing he inter- 
rupts the flow of surface water from the highway.— 51 Maine 521. 

(2) The assessment is to embrace all past, present, and future damages. — 47 R. 173, 
179. 

(a) The petition to the selectmen may be in form as follows: 
To the Selectmen of the town cf : 

Tie undersigned N S, and J S, wife of said N S, represent that in repairing the 

highway in said town leading from by the dwelling-house of said J S to , in 

said town, on the — day of last, by the authority of said town, the grade of said 

highway was raised, whereby damage was occasioned to the land and estate of said 
J S adjoining said highway, and they therefore request you to view the premises, and 
assess the damages occasioned to her by the altering of said grade. 

Dated at said , this — day of , 18 — . 

N S. 
J S. 

(b) Perhaps a verbal notice to the petitioner will be sufficient, but a written notice is 
to be preferred, and may be in form as follows: 

ToN Sand J S, of : 

Upon your application of , 18—, for an assessment of damages, we appoint a 

hearing at in said town, on the — day of next, at — o'clock in the noon. 

Date and signatures. 

(c) A return of assessmpnt following the petition may be, — 

Upon the foregoi* g application we appointed a hearing at in said town, on the 

— day of , 18—, at — o'clock in the noon, of which we gave said petitioners due 

notice, and having attended at said time and place, and fully heard said applicants 
and viewed the premises alleged to have been injured, we assess the damages occa- 
sioned to the estate mentioned in said petition by the raising of the grade of the high- 
way mentioned in said petition, to which said estate is adjoining, at the sum of 

dollars. 

Date and signatures. And return to the town-clerk, and recording. 

(d) If the damages are less by reason of benefits, etc., say after the word adjoining as 
above— over and above benefits received by said land-owner by such repairs which 
we have set off against her claim, at the sum of dollars. 

21. Appeal by owner. If the owner is aggrieved by 
the assessment, or if the selectmen neglect to file the same 
within thirty days as aforesaid, he may petition (1) the su- 
preme court for an assessment or increase of the damages, 
and like proceedings shall be had thereon as in case of dam- 
ages in laying out a highway.— Id., s. 21. 

(1) The petition to the court upon the neglect or refusal of the selectmen should set 
out the claim substantially as in the application to the selectmen, but may well give a 
more minute description of the premises and of the injury than is necessary in such 
application. — 47 R. 173. See ante p. 269, s. 41, for general forms, and s. 20 (a) ante. 

22. Money tax. Highway taxes shall be paid in money, 
when the town, at the time of raising the money for which 



294 MAKING AND REPAIRING HIGHWAYS. 

the tax is assessed, so direct ; and such taxes shall be com- 
mitted to the collector, and when collected shall be expended 
in repairing the highways, by the selectmen or surveyors of 
highways, as the town may direct. — Id., s. 22. 

23. Collection of. The collector shall have the same (1) 
powers and be subjected to the same liabilities, in relation 
to such tax, as in relation to the state tax. — Id., s. 23. 

(1) See ante p. 230, ss. 7-10. 

24. Accounting. Surveyors of highways shall, on the 
first Saturday in July next after the expiration of their term 
of office, account to the selectmen for the taxes on their 
lists, and pay any unexpended balance in their hands to the 
town treasurer, and deliver to said selectmen their warrants 
and lists, with a statement of the amount worked out or 
paid in money by each person named in their lists, and the 
amount against each person not paid nor worked out. If 
any taxes remain unpaid or un worked on said lists, the 
selectmen shall commit the same to the collector of taxes 
then in office, who shall collect the same in money, and have 
all the powers to collect the same he has to collect other 
taxes for said town. The time for which real estate is 
holden for highway taxes is extended for one year. — Section 
2, c. 88, Laws of 1881 ; 63 R. 169. 

25. Selectmen to be in session. The selectmen shall 
be in session at their office in their respective towns on the 
first Saturday of July in each and every year, from nine 
o'clock in the forenoon till five o'clock in the afternoon, for 
the purposes of this act, and shall, within one week there- 
after, deliver to the town-clerk of their respective towns all 
the lists and warrants received by them from highway sur- 
veyors, and the same shall be filed by said clerk, and kept 
for future reference. — Id., s. 3. 

26. Penalty for surveyor's neglect. If any high- 
way surveyor shall neglect or refuse to comply with this act 
for ten days, he shall forfeit the sum of ten dollars, and a 



MAKING AND EEPAIRlNG HIGHWAYS. 295 

like sum for every ten days thereafter till lie complies with 
this act, to be recovered in an action of debt in the name 
and for the use of said town. — Id., s. -±. 

27. SURVEYOR'S BOND. That every highway surveyor, 
whose warrant and list of highway taxes, committed to him 
by the selectmen to be collected and worked out in the high- 
way district assigned to him, shall amount to one hundred 
dollars or more, shall, before said warrant and list are de- 
livered to him, give to said town wherein said taxes are 
assessed a good and sufficient bond in the penal sum of 
double the amount of the taxes in the list to be committed 
to him, with two sureties approved by the selectmen, con- 
ditioned for the faithful discharge of his duty as such high- 
way surveyor and compliance with this act. Said bond 
shall be filed with the town-clerk, and a failure to file said 
bond within ten d^js after notice by the selectmen shall be 
deemed a declination (1) b} 7 such surveyor of said officer. — 
Id., s. 5. 

(1) And the selectmen will appoint another in his stead. — Ante p. 116, s. 6 (1). 
The form of bond will be as one given by a collector (ante p. 115, s. 4), the necessary- 
changes being made. 

28. Repairs by contract. Towns may, by vote or 
by-law, authorize their selectmen to contract for keeping 
their highways and bridges, or any part thereof, in repair, 
for a term not exceeding five years. — G. L., c. 72, s. 25. 

29. Wilful injuries to highways. Whoever, with- 
out authority, wilfully injures any highway or bridge there- 
on, by destroying or taking away any plank, timber, stone, 
or other material thereof, or by digging any pit therein, 
shall be fined not more than one hundred dollars, or impris- 
oned not more than six months. — Id., s. 26. See post 298, 
s. 8. 

30. Remedy oyer by town. The person so injuring 
any highway or bridge shall be liable to the town for the 
damage thereto, and for the damages to which the town is 
subjected thereby. — Id., s. 27. 



296 MAKING AND REPAIRING HIGHWAYS. 

31. Diverting water to injury of highway. Who- 
ever, upon any land owned or occupied by him, or in his 
care or control, shall make, continue, or permit any accu- 
mulation of logs, earth, or debris in the vicinity of any high- 
way, whereby the waters of any stream or pond may or 
shall be turned or driven upon any highway, so as seriously 
or unreasonably to obstruct, encumber, or injure the same, 
shall, on conviction thereof, be punished by a fine not ex- 
ceeding five hundred dollars, to be paid to the town in which 
said highway is situated. — Laws of 1881, c. 50. 

32. The interest taken by town. The right taken (1) 
by the public is to build and maintain the road and use it as 
a highway. The owner of the land retains the right to use 
the land for any purpose not inconsistent with the public 
use, and may maintain an action against any one who enters 
upon the land except for the lawful purposes of a highway, 
or builds over it, the same as if no highway had been laid 
out. Gravel, sod, rocks, and other materials composing part 
of the land laid out for the road, may be used in its con- 
struction or for repairs, but not wood and timber growing 
upon the land, any more than buildings or fences which can 
be removed if only in the way. 

(1) Digest, pp. 414, 415; 5 Allen 308; 22 Pick. 263; 6 Mass. 454; 1 Pick. 122; 6 Pick. 
27; 16 Mass. 23; 7 Gray 21; 21 Pick. 292; 17 Pick. 357. 

33. User for twenty years. Highways are only such 
as are laid out in the mode prescribed therefor by statute, 
or have been used as such for public travel thereon, other 
than travel to and from a toll-bridge or ferry, for twenty 
years. But the easement after twenty years is not neces- 
sarily limited to the travelled path and the ditches on each 
side, but may be found to include the whole space (1) be- 
tween the fences, if there is nothing to control the presump- 
tion. — G. L., c. 74, s. 8. 

(1) 50 R. 20; 49 R. 173; 35 R. 311. 

(a) A city may be estopped after twenty years to deny the existence of a highway.— 
65 R. 298; 58 R. 327 ; 63 R. 244. 



FINES FOR NEGLECT. 297 

34. Abandonment. No owner of land adjoining any 
public highway shall, by fencing or enclosing any part 
thereof, and occupying, adversely for any length of time, ac- 
quire any prescriptive right thereto as against the public. — 
G. L., c. 76, s. 8; 50 R. 9, 25. 



CHAPTER XLVI. 

FINES FOR NEGLECT. 

1. Fines for neglect. Any town which neglects to 
make any new highway or alterations in an existing high- 
way therein, as laid out or altered, or to grade the hills in 
any highway therein as prescribed therefor, or to cause a 
dangerous embankment or causeway in such highway to be 
securely railed, or otherwise to keep any such highway in 
good repair, suitable for the travel thereon, shall be fined 
for such neglect. — G. L., c. 74, s. 1. 

2. Upon indictment or information. An indictment 
may be found or an information filed against any town for 
such neglect, and a summons thereon shall be issued to the 
town and served, by giving to one of the selectmen and the 
town-clerk, or leaving at their respective places of abode, 
an attested copy thereof, and of the officers' return thereon, 
thirty days before the court at which it is returnable. — Id., s. 2. 

3. Amount of fine. If, upon default or otherwise, the 
town is adjudged guilty, they shall be fined in such sum as 
may be sufficient to pay the expense of putting the highway 
in repair, with incidental charges and costs. — Id., s. 3. 

4. Witness fees. No fees for witnesses (1) in such 
case shall be taxed, unless they have attended hj order of 
the prosecuting officer. — Id., s. 4. 

(1) The fees of witnesses in attendance upon the supreme court are now six cents a 
mile for travel to and from court, and one dollar and twenty-five cents a day for each 
day's attendance.— Laws of 1883, c. 91. 
*13 



298 REMOVING INCUMBRANCES FROM HIGHWAYS. 

5. Execution issued. Execution may issue for such 
fine and costs as in a civil suit, and when collected the fine 
shall be paid to the agent appointed as provided in the sec- 
tion following, and the costs to the county. — Id., s. 5. 

6. Agents to expend money. So much of said fine as 
may be required therefor shall be expended, by one or more 
agents appointed by the court, in putting such highway in 
repair ; and, if the same is insufficient, a further fine, to be 
collected and expended in like manner, may be imposed, 
until the amount is sufficient. — Id., s. 6. 

7. Who shall render an account. The agent shall 
return to the court an account of his expenditures and ser- 
vices, and shall retain out of the money in his hands such 
compensation as the court may allow. — Id., s. 7. 

8. What are highways. Highways are only (1) such 
as are laid out in the mode prescribed therefor by statute, or 
as have been used as such for public travel thereon, other 
than travel to and from a toll-bridge or ferry, for twenty 
years. — Id., s. 8. 

(1) See ante p. 296, s. 33; 16 R. 2(H; 17 R. 59; 32 R. 331 ; 44 R. 67; 46 R. 192, 521; 48 R. 
446; 50 R. 9; 55 R. 298; 58 R. 327; 63 R. 244. 



CHAPTER XLVII. 

REMOVING INCUMBRANCES FROM HIGHWAYS. 

1. By SURVEYOR. If any timber, lumber, stone, or other 
thing is upon a highway, incumbering it, the highway sur- 
veyor may immediately remove the incumbrance, and hold 
the same in his possession until the costs of such removal 
are paid. — G. L., c. 76, s. 1. 

(1) This is not confined to the travelled part of the road. If the town would be liable 
for an injury from such incumbrance, it is the duty of the surveyor to cause it to be 
removed at once. See post c. 51, s. 12, and notes. 

The town may also sue in case for injury to it from the obstruction. Laconia v. Gil- 
man, 55 N. H. 127. 

A nuisance in a public highway may be removed by any one whose passage is actually 
obstructed by it.— 4 R. 520; Digest, p. 414, s. 402; 12 Maine 32. 



REMOVING INCUMBRANCES FROM HIGHWAYS. 299 

Moving buildings. "Where highways have been commonly used for moving build- 
ings through them, it is no nuisance to use them for that purpose, selecting suitable 
streets, using proper expedition, and causing no unnecessary obstruction; and the rea- 
sonableness of such use, under all the circumstances, is a question for the jury. — 35 R. 
258; Digest, p. 414, ss. 404-408. 

2. Selling for costs of removal. Such surveyor 
shall deliver to the owner any such incumbrance removed, 
on being paid the cost of removing and keeping the same, 
within thirty days after said removal. If the cost is not so 
paid, the surveyor may sell (1) such incumbrance, on giv- 
ing four days' notice thereof, by posting notices in two pub- 
lic (2) places in the town. — Id., s. 2. 

(1) The form of notice may be, — 

SALE OF PROPERTY INCUMBERING HIGH-WAT. 

The subscriber will sell at public auction, to the highest bidder, on the — day of 
next, at o'clock in the noon, at in the town of , ten thou- 
sand feet of boards found incumbering the highway, or so many thereof as will pay the 

costs of removing and keeping said boards, being dollars and cents, and the 

costs of sale. 

Dated at said , this — day of , 18—. 

, Surveyor of Highways 

For district No. — in . 

A like notice should be given to the owner, if he is known. 

(2) What are public places, see ante p. 40, s. 13 (c). 

3. Balance to be paid owner. The surveyor shall 
pay to the owner of such incumbrance the balance of the 
money received on the sale thereof, after deducting his costs 
of removal, keeping, and sale. — Id., s. 3. 

4. Notifying owner to remove. The surveyor may, 
if he choose, give reasonable notice to the owner (1) or per- 
son leaving any such incumbrance, to remove the same ; 
and upon his neglect or refusal, or if he is unknown, he may 
make complaint thereof to a justice of the peace. — Id., s. 4. 

(1) If the owner of the adjoining land has by his acts in any way adopted the act of 
one who has placed an obstruction in the highway, he will be liable as owner.— 13 Al- 
len 191. 

(a) The notice may be as follows : 
To , of the town of : 

You are hereby notified to remove a pile of boards belonging to you [or left by you], 
which are now encumbering the highway leading from to , in the town of 

Dated at said , this day of , 18—. 

, Surveyor of Highways for District No. — in . 

The original is to be served and a copy retained. 



300 REMOVING INCUMBRANCES FROM HIGHWAYS. 

(b) The complaint may be as follows: 

To , a Justice of the Peace in and for the -county of : 

X B, of , in said county, highway surveyor of district No. — in said , for 

the year 18—, complains that on the day of , 18—, there was a large pile of 

boards, to wit, thousand feet, unlawfully in the highway leading from to 

, in said town, and incumbering said highway of which of- , in said county, 

lumber dealer, is owner [or which were left in said highway by of , in said 

town, teamster], and on that day said complainant gave a notice in writing to said 

to remove said boards, but he has neglected to remove said boards, and the same still 
remain incumbering said highway, to the great damage and common nuisance of all 
persons having occasion to use said highway, and against the peace and dignity of the 
state; wherefore the said A B prays the said justice upon his own view of said incum- 
brance, after due notice and hearing, to issue his warrant for the removal of such 
boards so far as shall le necessary for the public convenience, and for the sale of so 
much thereof as may be necessary to pay the legal cost and three times the price of the 
labor of removing the same. A B. 

G , ss., , 18—. Then the said A B made oath that the foregoing complaint 

by him signed is in his belief true. 

Before me, , Justice of the Peace. 

If the owner and the person leaving the boards are both unknown, the complaint 
should so allege, and the words in italics be omitted. 

(c) The order of notice may be as f Hows : 

Upon the foregoing complaint I appoint a hearing on the — day of next, at — 

— o'clock in the noon, when I will view the said incumbrance, and said A B is or- 
dered to give notice thereof to said , by giving to him in person, or leaving at his 

usual place of abode, days before the said time appointed, an attested copy of said 

complaint, and of this order thereon. 

Witness my hand , in said county, this — day of , 18 — . 

, Justice of the Peace. 

The copy may be attested by the person serving it. 

The statute does not prescribe the length of notice. It should be reasonable. 

There should be an affidavit of service, as on p. 122, s. 10 (b) ante. 

5. Wake ant by justice. The justice shall cause no- 
tice to be given to the owner or person leaving the same, if 
known, of the time appointed by him to view the incum- 
brance; and after hearing such party, if he attends, may, 
upon his own view, issue his warrant to the surveyor to re- 
move the same so far as he (1) shall judge necessary for the 
public convenience, and to sell so much thereof as may be 
necessary to pay the legal costs taxed by him, and three 
times the price of the labor of removing the same, to be es- 
timated by the justice. — Id., s. 5. 

(1) The justice. See Laws of 1830, c. 4. (a) The form of the warrant may be,— 
The State of New Hampshire. 
[L. S.] Grafton ss. To A B, Surv>yor of Highways for highway district No. — , in 

the town of , in said county : 

The complaint hereto annexed having been made to me, a justice of the peace in and 
for said county, I appointed the day of , 18—, when to view the incumbrance 



REMOVING INCUMBRANCES FROM HIGHWAYS. 301 



mentioned in said complaint, and caused dtie notice thereof to be given to 



Honed in said complaint, and after hearing S"id , it appearing to me, the said jus- 
tice, upon my own view of said incumbrance, that it is neces-ary for the public conven- 
ience, I hereby order you to remove said boards from the highway aforesaid to [state 
the place or distance from the highway], and sell at public auction to the highest bid- 
der so many of said boards as may be necessary to pay the legal cost upon said com- 
plaint, taxed by me at dollars and cents, and the sum of dollars, being 

three times the price of the labor of removing said boards as estimated by me. 

You are to keep such part of said boards as it may be necessary to sell four days (ex- 
clusive of Sunday) from the date hereof, unless the sums aforesaid shall be sooner paid, 

and post up in two or more public places in said fr.wn of , twenty-four hours at 

least before the time of sale, a notice of the place, day and hour of sale, with a particu- 
lar description of the property to be sold, and immediately after said sale deliver or 
have in readiness to deliver on request, to the owner, a particular account in writing 
of the sums aforesaid, and the amount of the sile of each ar icle of the property sold. 

Said sale shall be in said town of , within forty-eight hours after the expiration 

of said four days, and between the hours of ten in the forenoon and six in the after- 
noon. Hereof fail not. 

Given under my hand and seal this — day of , 18—. 

, Justice of the Peace. 

(b) For forms and directions in selling, see ante p. 230, ss. 9-13. 

If the owner of the incumbrance and the person leaving the same are unknown, the 
warrant should so state, and omit the part in italics in the above form. 

6. Powers OF COLLECTOR. The surveyor shall have 
the same powers, and be governed by the same rules, in 
making such sale, as a collector of taxes in the sale of prop- 
erty distrained by (1) him ; and if the proceeds of such sale 
are insufficient to pay the sums specified in the warrant, 
the surveyor may recover the balance unpaid, by action on 
the case against the person leaving the same. — Id., s. 6. 

(1) See ante p. 230, ss. 9-13. 

7. Liability to town. If any person shall place in any 
highway or street any timber, lumber, stones, or other 
thing, to the incumbrance or obstruction thereof, he shall be 
liable (1) to the town for all damages and costs which said 
town shall be compelled to pay to any person who has sus- 
tained damage by reason of such incumbrance or obstruc- 
tion. — Id., s. 7. 

(1) A license from the mayor and aldermen has been held to be no defence to an ac- 
tion by the ci'y .—Manchester v. Quimby, 60 K. 10. 

8. Inclosing- highway. No owner of land adjoining 
any public highway shall, by fencing or inclosing any part 
thereof, and occupying adversely for any length of time, 



302 REMOVING INCUMBRANCES FROM HIGHWAYS. 

acquire any prescriptive right thereto as against the public. 
—Id., s. 8. 

9. Public lots or grounds. Nor shall any person by 
such acts acquire any such right to any part of any town- 
house, school-house, or church lot, or to any parade or other 
public grounds. — Id., s. 9. 

10. Penalty for shutting in. Any person who 
shall knowingly so fence in or encroach, shall be fined not 
exceeding one hundred dollars, or imprisoned not exceeding 
six months, or both. — Id., s. 10. 

11. Obstructions, nuisances. If any building, struct- 
ure, or fence is erected or continued upon or over any high- 
way, so as to obstruct the same, or lessen the full breadth 
thereof, it shall be deemed a public nuisance ; and any per- 
son erecting or continuing the same shall be fined not ex- 
ceeding fifty dollars, and the court shall order such building, 
structure, or fence to be removed. — Id., s. 11. 

(a) Upon indictment under this section, a petition for another highway, signed by 
the defendant's grantor, in which the highway in question is described as having 
boundaries that would include the place in controversy, is evidence against him (63 
R. 4) ; and so are ancient records and evidence of reputation.— Id. 

12. Exceptional cases. The foregoing section shall 
not be construed to prohibit the erection of any watch- 
house or structure for public use by the selectmen of any 
town, or any sign or awning erected in conformity to the 
regulations established by the police officers. — Id., s. 12. 

13. License to erect gate. The selectmen, upon 
application, may, by license (1) recorded by the town-clerk, 
permit any person to keep a gate upon any highway lead- 
ing across a meadow or interval land liable to freshets, at a 
place therein designated, under such restrictions as they may 
judge proper; and they may at any time alter or revoke 
such license. — Id., s. 13. 

(1) To the Selectmen of the town of : 

J W, of said , who is the owner of the meadow over which is the highway leading 

from the dwelling-house of John Carr to the bridge over the Connecticut and the de- 
pot of the railroad, represents that said meadow, from its liability to freshets, 



REMOVING INCUMBRANCES FROM HIGHWAYS. 303 

cannot be kept fenced at the side of said highway, and he prays that he may be li- 
censed to erect and keep a gate upon said highway at the foot of the hill where the 
meadow land begins, under such restrictions as you may judge proper. 

Date and signature. 

Upon the foregoing petition, said J "W is hereby licensed to erect and keep at his 

own expense a well constructed and convenient gate of ths pattern, and so 

made as to be at all times readily opened and closed by those having occasion to 
pass through the same. 

Date, signatures, and recording, ante p. 104, s. 5 (c). 

14. Appeal feoat license. Any person aggrieved by 
the grant of such license, may apply by petition (1) to 
the supreme court for redress, who shall cause such notice 
to be given to all persons interested as they shall judge 
proper, and may affirm, alter, or annul such license. — Id., s. 
14. 

(1) It is presumed that any person having frequent occasion to pass over the road, 
may by appeal raise the question whether the gate ought to remain. The form of 
this petition may be as follows: 

ss. To the Supreme Court: 

J B, of , in said county, who has frequent occasion to pass over the highway 

leading from the dwelling-house of John Carr in said town to the bridge over the 

Connecticut and the depot of the railroad, represents that he is aggrieved by 

the grant of a license by the selectmen of said town on the day of , 18—, 

to J W, of said town, to erect and keep a gate upon said higbway at the foot of the 
hill where the meadow land begins, and that the continuance of said erection is 
unreasonable and unnecessary. Wherefore he irays that said license be annulled, 
and said gate ordered to be removed. 

Date and signature, and filing in the office of the clerk, who will issue notice. 

15. Flooding highways. See ante p. 296, s. 31, for 
injuries to highways by the turning of water and debris 
upon them. 



CHAPTER XLVIII. 

SPECIAL PROVISIONS RELATING TO HIGHWAYS. 

1. Guide-boakds. Guide-boards or posts shall be kept 
up by towns at the junction therein of one highway with 
another, except at places designated by vote of the town as 
not requiring them, upon which shall be legibly marked the 
name of such neighboring town as shall be most suitable for 



304 SPECIAL PROVISIONS RELATING TO HIGHWAYS. 

the direction of travellers, and the distance in miles thereto, 
with an index pointing the way. — G. L., c. 77, s. 1. 

2. Neglect to repair. — If any town neglect to keep 
in suitable repair guide-boards or posts, as required in the 
section preceding, they shall forfeit for each (1) neglect five 
dollars for the use of the person suing therefor. — Id., s. 2. 

(1) That is, as it would seem, five dollars for each junction, however many there 
may be in town, which is a change from the former statute.— 19 R. 286. 

3. Throwing down or injuring. Any person who 
unlawfully throws down, injures, or defaces any guide-board 
or post, or the letters or figures thereon, shall be fined not 
exceeding ten dollars, for the use of the town. — Id., s. 3. 

4. Bridges, by-laws for. Towns may establish by- 
laws (1) to prevent persons from wilfully riding or driving 
at a rate faster than a walk over any bridge therein which 
shall have cost one hundred dollars or more, and annex pen- 
alties not exceeding five dollars for the breach thereof, to be 
recovered by the town. — Id., s. 4. 

(1) The article in the warrant may be, — 

To make by-laws to prevent persons from wilfully riding or driving at a rate 
faster than a walk over any bridge in said town which shall have cost one hundred 
dollars or more, and annex penalties not exceeding five dollars for the breach thereof, 
to be recovered by the town. 

And the vote may be, — 

Voted, to impose a penalty of five dollars, to be recovered by the town, upon every 
person who shall wilfully ride or drive at a rate faster than a walk over either of the 
following bridges [specify by name, or clear description], each of said bridges having 
cost over one hundred dollars. 

5. Toll-bridges. The proprietors of any toll-bridge 
may make by-laws to prevent persons from riding or driving 
over such bridge at a rate faster than a walk, and annex 
penalties not exceeding two dollars for the breach thereof, 
to be recovered by the corporation. — Id., s. 5. 

6. Posting by-law. No such by-law shall be in force 
unless the town or corporation shall cause to be posted and 
kept in some conspicuous place at each end of said bridge a 
board (1), painted with a white ground, containing in 
black letters the substance of such by-law. — Id., s. 6. 



SPECIAL PROVISIONS RELATING TO HIGHWAYS. 305 

(1) Such notice may be in form as follows: 

Five dollars fine for wilfully riding or driving over this bridge faster than a walk. 

7. Covering with snow. The travelled part of any 
bridge on a highway and of every toll-bridge shall be kept, 
by the town or proprietors, covered with snow in the winter 
when there is sufficient for sleighing on the ways leading to 
the bridge. — Id., s. 7. 

8. Penalty for neglect. Any town or other corpora- 
tion neglecting to comply with the requirements of the pre- 
ceding section, shall be liable to indictment therefor as 
towns neglecting to keep their highways in repair. — Id., 
s. 8. 

9. Lighting bridges. Every covered bridge on a high- 
way, within one half mile from which bridge there are living 
one hundred inhabitants, and every covered toll-bridge, shall 
be suitably lighted by the town or proprietors from dark 
till ten o'clock in the evening of each day. — Id., s. 9. 

10. Penalty for neglect. The selectmen or proprie- 
tors neglecting to comply with the requirements of the pre- 
ceding section shall be fined not exceeding ten dollars. — Id., 
s. 10. 

11. Extinguishing lights. Any person unlawfully 
removing or injuring any lamp or fixture, or extinguishing 
any light used for lighting such bridge, shall be fined not 
exceeding ten dollars, and shall be liable to the town or 
proprietors for all damages occasioned thereby. — Id., s. 11. 

12. Aqueduct and gas companies. Every aqueduct 
and gas-light company, duly organized, and every person, is 
empowered to enter upon, and break ground, and dig ditches 
in any street, highway, or common through which it may 
be necessary for the pipes, logs, or other material for con- 
veying water or gas of said aqueduct or gas-light company 
or person to pass, for the purpose of placing such pipes, logs, 
or other material as may be necessary, or of repairing the 
same, doing no injury to such street, highway, or common; 
the consent of the selectmen of the town or board of alder- 



306 SPECIAL PROVISIONS RELATING TO HIGHWAYS. 

men of the city in which such pipes, logs, or other material 
are to be laid being first obtained therefor. — G. L., c. 155, 
s. 1. 

13. Private ways. Every aqueduct and gas-light com- 
pany, duly organized, and every person, may also in like man- 
ner enter upon, break ground, and dig ditches upon any 
unaccepted street or private way, doing no injury to such 
unaccepted street, road, or private way, and for the purposes 
mentioned in the first section of this chapter. — Id., s. 2. 

14. Assessing damages. If in the placing of such 
pipes, logs, or other material there shall be occasioned (1) 
any damage to the estates of the abutters or owners of said 
private way or unaccepted street or road, the selectmen of 
any town or board of aldermen of any city shall, on notice 
to the corporation or person causing such damage to the 
applicant, view the premises, hear the parties interested, 
and assess such damages as may be shown, and within thirty 
days after the application file the same, with their doings 
thereon, in the office of the town or city clerk, for record, 
and such damages may be recovered in an action at law if 
not paid within thirty days. — Id., s. 3. 

(1) Proceedings for such assessment may be as upon raising or lowering grades (ante 
p. 293 (a) ), the necessary changes being made. 

15. Appealing to court. If the owner is aggrieved 
by the assessment, or if the selectmen of the town or board 
of aldermen of the city neglect to file the same within the 
thirty days as aforesaid, he may petition (1) the supreme 
court for an assessment or increase of the damages, and like 
proceedings shall be had thereon as in case of damages in 
laying out a highway. — Id., s. 4. 

(1) Proceedings for may be as upon appeal in raising or lowering grades (ante p. 293, 
s. 21), the necessary changes being made. 

16. Injuring aqueduct or gas property. Any per- 
son who shall wantonly and maliciously injure any aqueduct, 
or the pipes, logs, or other property of any gas-light compa- 



RAILROAD CROSSINGS. 307 

ny, aqueduct company, or person, shall be fined not exceed- 
ing three hundred dollars, and be liable to pay treble dam- 
ages to such company or person in an action on the case. — 
Id., s. 5. 



CHAPTER XLIX. 

RAILROAD CROSSINGS. 

1. Corporations to furnish. Railroads having for 
their principal object the public accommodation, the pro- 
prietors thereof shall be bound to provide crossings, stations, 
and other facilities for the public, and to make gates, cross- 
ings, (1) cattle-passes, and other facilities for owners of land 
divided thereby or separated from any highway. — G. L., c. 
161, s. 1. 

(1) If a railroad company acting under their charter cause an obstruction or defect in 
a highway by which a traveller sustains damage, the town is answerable as in other 
cases of defect.— 59 R. 24; 46 R. 252; 35 R. 313. 

2. Under roadway. If the track of any railroad is nine 
feet or more above any highway crossed by it as it was used 
when the railway was located, the proprietors thereof, with- 
in four months after notice (1) by the selectmen, shall con- 
struct and afterward maintain a suitable pass for said high- 
way under their track, at least ten feet in height above the 
travelled path and below the lower part of the timbers sup- 
porting the roadway ; and, on failure so to do, shall forfeit 
(2) one hundred dollars for each month's neglect, for the use 
of the town. — Id., s. 2. 

(1) Such notice may be in form as follows : 

To the Manchester and Lawrence Railroad Corporation : 

You are hereby notified to construct and maintain a suitable pass for the highway 

crossed by your railroad track at iu the town of , to be at least ten feet in 

height above the travelled path of said highway, and below the lower part of the tim- 
bers supporting the railway at such intersection. 

Date and official signatures. 

(2) See post, s. 25. 



308 RAILROAD CROSSINGS. 

3. Town voting in other cases. Any town, in any 
other case, may, by vote, (1) require the proprietors of any 
railroad to secure the crossing of any highway by said rail- 
road, by a bridge, or a pass under said way, or by gates on 
both sides of said railroad. — Id., s. 3. See post s. 25. 



(1) The article in the warrant may be,— 

" To see whether said town will require the proprietors of the railroad to secure 

the crossing of the highway leading from to by said railroad, by a bridge, 

pass under said highway, or by gates on both sides of said railroad." 

And the form of vote may be, — 

" Upon the article in the warrant, voted to require the proprietors of said rail- 
road to secure said crossing by a good and sufficient bridge over said railroad." 

4. Forfeiture for neglect. If the proprietors of 
said railroad shall not construct such bridge, pass, or gates 
to the satisfaction of the selectmen, within six months after 
notice of said vote, they shall forfeit (1) one hundred dol- 
lars for each month's neglect, unless they shall make appli- 
cation to the supreme court for a decision as hereinafter 
provided. — Id., s. 4. 

(1) See post s. 25. 

5. Appeal by petition to court. The proprietors of 
such railroad, within thirty days after notice of such vote, 
may apply by petition (1) to the supreme court for an ex- 
amination of the crossing, and a decision as to the propriety 
of such change ; and notice thereof being given to the town, 
the petition may be referred to the county commissioners. — 
Id., s. 5. 

(1) The county commissioners still retain jurisdict'on. A railroad, however, may ap- 
ply to the railroad commissioners under the law of 1885 ( post ss. 25 to 27), and their 
decision in cases coming under those sections will govern. 

6. Report of commissioners. The county commission- 
ers, (1) after notice, examination, and hearing, as required 
in case of highways, shall report whether the gates, pass, or 
bridge required by the town is necessary, and, if not, what 
is necessary to be done for the public security. — Id., s. 6. 

(1) See ante s. 5 (1). 



RAILROAD CROSSINGS. 309 

7. Order thereon. Upon such report the court (1) 
shall make such order as to such crossing as they may deem 
necessary. — Id., s. 7. 

(1) See ante s. 5 (1). 

8. Leave to construct. Whenever the proprietors of 
any railroad deem it necessary for the public safety that any 
intersection of their road as a highway shall be secured by 
a bridge, gates, or a pass, they may petition the supreme 
court (1) for authority to construct the same ; and there- 
upon the same proceedings shall be had as provided in the 
preceding sections. — Id., s. 8. 

(1) See post ss. 26, 27. 

9. Land for crossing. If the land of any person is 
alleged to be necessary for the construction of any pass or 
bridge, notice of such hearing shall be given to the owner 
thereof by the commissioners, and, after hearing, they may 
set off so much of said land as they deem necessary, and 
appraise the damages ; upon payment or tender of which 
the proprietors of the railroad may use said land for that 
purpose. — Id., s. 9. 

10. Or DAMAGES BY. Upon application of any owner of 
land who has sustained damage by the erection of any such 
gate, pass, or bridge, his damages may be assessed in the 
manner provided in the preceding section. — Id., s. 10. 

11. Assessment by jury. Any party dissatisfied with 
the damages awarded by the county commissioners, may 
have his damages assessed by a jury, upon appeal, as in the 
case of highways, — Id., s. 11. 

(1) See ante p. 262, ss. 23, 27. 

12. Executions. LJpon every report of the commission- 
ers, the court may render such judgment as the case may 
require, and in proper cases issue execution for any damages 
and costs by them adjudged. — Id., s. 12. 

13. Fine or injunction. If the proprietors of such 



310 RAILROAD CROSSINGS. 

railroad do not comply with such order, they may be fined 
not exceeding one thousand dollars, and may be restrained 
from using said road, by injunction, till the order is com- 
plied with. — Id., s. 13. 

14. Stopping-places and depots. If the proprietors 
of any railroad shall not, upon request, establish proper 
stopping-places and depots for the public accommodation, 
they may, upon such proceedings as are before prescribed in 
the case of passes and bridges, be required (1) to establish 
such depots. — Id , s. 14. 

(1) The article in the warrant may be in form as follows : 

To take action for the establishment of proper stopping-places and depots for the 
public accommodation by the Nashua and Rochester Railroad in said town. 

And the form of vote may be, — 

Upon the article in said warrant, voted to request the proprietors of said rail- 
road to establish a stopping-place and depot on the line of said railroad west of the 
Back Meadow, so called.— See 58 R. 65. 

15. Forfeiture for neglect. If the proprietors of 
the railroad shall not erect such depot and furnish such 
accommodations within such time, and make such stops, as 
the court have ordered, they shall forfeit one hundred dol- 
lars for each month's neglect. — Id., s. 15. 

16. Speed of running. — No proprietors of a railroad 
shall run their engine, cars, or train at a greater speed than 
six miles an hour across any highway in or near the com- 
pact part of any town. — Id., s. 4. 

17. Shifting off cars. — No such proprietors shall pass 
and repass any highway with their engines or cars, for the 
purpose of shifting off cars or (1) trains, without licenses of 
the selectmen of the town, and under such restrictions and 
regulations as may be therein prescribed, under penalty of 
two hundred dollars for each offence. — Id., s. 5, as amended 
by s. 1 of c. 26 of the Laws of 1883. 

(1) See posts. 25. 

18. Application for license. — Such license shall be 
granted only upon application therefor in writing, after due 
notice (1) to all parties interested, and a hearing thereon. 



RAILROAD CROSSINGS. 311 

and may be revoked for good cause, after like notice to the 
proprietors. — Id., s. 6. 

(1) The selectmen shall proceed as in other hearings before town officers.— Ante p. 
118, c. 21. 

19. Two minutes' DETENTION. No such proprietors 
shall obstruct, by their engine, cars, or train, any highway 
more than two (1) minutes at any one time, under penalty 
of two hundred dollars for each offence to the party delayed 
thereby. — Id , s. 7, as amended by s. 2, c. 26 of the Laws of 
1883. 

(1) See post s. 25. 

20. Warning signals. Every railroad corporation shall 
maintain warning signs at every railroad crossing at grade, 
except as hereinafter provided. — Laws of 1885, c. 98, s. 1. 

21. Of uniform pattern. Such warning signs shall 
be constructed upon a uniform pattern, to be determined by 
the railroad commissioners ; but warning signs already in 
existence and legible, shall not be required to be of the 
established pattern except as they are renewed. — Id., s. 2. 

22. Gates and flagmen. No warning signs shall be 
required to be placed at a crossing where gates or a flagman 
are employed. — Id., s. 3. 

23. Sounding whistle. When a locomotive approaches 
within eighty rods of a crossing over a highway at grade, 
the whistle shall be sounded by two long and two short 
whistles, and the bell shall be rung until the locomotive 
passes the crossing. Provided* That no whistle need be 
sounded in cities and villages, where upon petition and com- 
plaint the board of railroad commissioners shall decide that 
it is not necessary. — Id., s. 4. 

24. Crossing another railroad. Xo railroad shall 
be constructed to cross another railroad at grade without 
the consent in writing of the board of railroad commission- 
ers. — Id., s. 5. 

25. Five minutes' obstruction. When a railroad is 



312 RAILROAD CROSSINGS. 

hereafter laid out across a highway or other way, it shall be 
constructed so as not to unreasonably obstruct the same, 
and unless the railroad commissioners authorize a crossing 
at grade, it shall be constructed so as to pass either over or 
under the highway, or other way ; and whenever any rail- 
road now existing or hereafter constructed crosses any high- 
way or other way at grade, if such highway or other way is 
so situated that in the ordinary running of trains it is im- 
possible to avoid a detention longer than two minutes, the 
railroad commissioners, upon petition, after hearing all per- 
sons interested therein, may prescribe and establish such 
regulations and restrictions relating to the time of obstruct- 
ing such highway or other way, by placing or running en- 
gines, cars, or trains thereon, as in their judgment are proper 
for the protection of the public, provided that in no case 
shall such obstruction exceed five minutes, and an appeal 
from all decisions of the board of railroad commissioners 
under this act shall be had to the supreme court of the 
state. — Id., s. 6. 

26. Raising or lowering highway. A railroad cor- 
poration may raise or lower a highway or other way for the 
purpose of having its road pass over or under the same ; but 
before proceeding to bridge or excavate for the purpose of 
crossing the same, the railroad commissioners shall be noti- 
fied, and the board shall give opportunity for any parties to 
appear and be heard before giving its written consent to the 
proposed change in the manner of crossing. — Id., s. 7. 

27. Altering course of highway. A railroad cor- 
poration may alter the course of a highway or other way 
for the purpose of facilitating the crossing of the same by 
its road, or of permitting its road to pass at the side thereof 
without crossing, upon obtaining the written consent of the 
railroad commissioners, but such consent shall not be given 
until all parties in interest shall have been duly notified arid 
heard. — Id., s. 8. 



ELECTRIC LIGHT, TELEGRAPH, AND TELEPHONE. 313 

28. Fencing. This is provided for by sections one, two, 
and three of chapter 162 of the General Laws. — Ante, s. 1. 

29. Private crossings. These are governed by sec- 
tions sixteen to twenty of chapter 162 of the General Laws. 

30. Fires from engines. The corporations are made 
liable by sections nine and ten of chapter 162 of the Gen- 
eral Laws, and they have an insurable interest. — See 57 R. 
132; 55 R. 413; 51 R. 590. 

31. Other liabilities. The proprietors of every rail- 
road shall be liable for all damages (1) done to the owner 
of any property upon or near said railroad, in constructing 
or maintaining their railroad, or in altering any highway, 
turnpike, bridge, or private way, or by causing any obstruc- 
tion or injury to any highway; but no action shall be com- 
menced therefor until after sixty days' notice — G. L., c. 161, 
s. 18. 

(1) 54 R. 495. 



CHAPTER L. 

ELECTRIC light, telegraph, and telephone com- 
panies. 

1. Using highways. The proprietors of any telegraph 
line, or of any telephone exchange, or line of telephones 
used for the transmission of spoken messages by means of 
the electric speaking telephone, or of lines for establishing 
electric lights in this state, may erect and maintain the 
necessary poles and structures, and stretch the necessary 
wires for the use of such telegraph line, or telephone ex- 
change, or line of telephones, or line for electric lighting, 
over, across, and along any public highway in this state, or 
may lay the same under the surface of any such highway. — 
Laws of 1881, c. 54, s. 1. 
14 



314 ELECTRIC LIGHT, TELEGRAPH, AND TELEPHONE. 

2. Not to obstruct them. Such telegraph, telephone, 
or electric lighting poles, structures, and wires shall be 
erected and maintained, subject to the provisions of chap- 
ter eighty of the General Laws of this state relating to 
telegraphs, which are hereby made applicable to lines of 
wire for telephonic and electric lighting purposes ; and no 
poles, structures, or wires are hereby authorized that shall 
in any way impede or obstruct the free and safe use of any 
highway for public travel, nor that shall interfere with or 
obstruct the safe, free, and convenient use of, or access to or 
from, any lands or buildings adjoining or near such high- 
way ; and no such poles or other structures shall be erected 
or wires stretched, by any of such proprietors, on, over, or 
across the lands or buildings of any individuals or corpora- 
tions without their consent ; and no right shall be acquired 
by the use of wires stretched on, over, or across the lands or 
buildings of any such individual or corporation for any 
length of time. — Id., s. 2. 

3. Application for license. Whenever any such pro- 
prietors shall desire to erect their poles or structures, or to 
stretch their wires, they may apply (1) by petition to the 
mayor and aldermen of any city, or the selectmen of any 
town in which such poles or structures are to be erected or 
wires stretched, to locate the route of the lines for such tel- 
egraph, telephone, or electric lighting, on, over, and along 
the public highways in such town or city, and to grant 
license therefor upon such conditions as the public good may 
require.— Id., s. 3. 

(1) Such application may be in form as follows: 
To the Selectmen of the town of : 

The undersigned, proprietors of the , desire to erect their poles and structures, 

and stretch their wires for the use of their line, on, over, and along the following pub- 
lic highways in said town [describe them]. 

Wherefore they pray you to grant license therefor as provided by law. 

Date and signatures. 

4. Granting license. The mayor and aldermen or 
the selectmen shall have the power to grant (1) such license, 



ELECTRIC LIGHT, TELEGRAPH, AND TELEPHONE. 315 

and may fix and limit the size and location of such poles 
and structures, their distances from each other, the height 
from the ground that such wires may be stretched, and the 
number of wires that may be so used, and the time for 
which the license shall continue in force, and may revoke 
the same whenever the public good shall so require, and 
from time to time, upon like application of such proprie- 
tors, or by any person whose rights or interests are affected, 
may alter and change the location of such poles or struct- 
ures, and the height and size of the same, as well as the 
height and number of wires, or may revoke the said license 
if proper cause is shown ; and all proceedings of the mayor 
and aldermen or selectmen under this act shall be subject 
to the supervision of the supreme court on application of 
any person interested or aggrieved. — Id., s. 4. 

(1) The selectmen should give notice, and proceed as provided in the chapter for 
hearings before town officers. — Ante p. 118. 

5. Not to interfere with similar structures. — 
No such poles or structures shall be erected, or wires 
stretched in any way so as to interfere with any other sim- 
ilar structure. — Id., s. 5. 

6. Damages assessed. If any person shall be aggrieved 
or damaged by the erection of such poles or structures, or 
by the stretching of such wires, or by the use made of the 
same, he may apply to the mayor and aldermen or the 
selectmen to assess the damages which he claims are occa- 
sioned (1) thereby, who shall give notice to such proprie- 
tors and all others interested, and after hearing all parties 
may award such damages as may be legally and justly due. 
—Id., s. 6. 

(1) The party may proceed as directed for the assessment of damages from changing 
grades.— Ante p. 292, s. 20, and notes. 

7. Petition to supreme court. If said mayor and 
aldermen or selectmen shall neglect or refuse to make such 
award, or either party shall be dissatisfied therewith, or said 



316 ELECTRIC LIGHT, TELEGRAPH, AND TELEPHONE. 

proprietors shall neglect or refuse to pay the same within 
thirty days after such award is made, either party may 
apply to the supreme court for relief, and like proceedings 
shall be had as in case of appeals (1) from the laying out 
of highways and the assessment of damages therefor. — Id., 
s. 7. 

(1) The party may proceed as upon appeal in the laying out of highways. — Ante\>. 
260, s. 23, and notes. 

8. Under highways. Proceedings, as provided by this 
act, may be taken on petition to the mayor and aldermen or 
selectmen, in case any proprietors aforesaid shall desire to 
lay their wires under the surface of any highway, or in case 
any person interested or affected by such poles, structures, 
or wires, or the use made thereof, shall petition therefor. — 
Id., s. 8. 

9. Lines already constructed. Similar proceedings 
may be had by any such proprietors for locating and licens- 
ing any such telegraph, telephone, or electric lighting lines 
already constructed, or for changing or altering the location 
of such lines as may have been heretofore erected. — Id., s. 9. 

10. Liability for trespasses and negligence. Noth- 
ing herein contained shall exempt any such proprietors from 
liability for any unlawful entry, trespass, or damage already 
made or committed, nor from any liability or damage that 
may occur from want of care or from negligence in erecting 
or maintaining such poles, structures, or wires. — Id., s. 10. 

11. Line to be kept open. Such proprietors of any 
telephone or telegraph lines shall open and maintain, at some 
convenient point or points, offices or places where any per- 
son desiring so to do may use such telephone or telegraph 
line for communication to all points reached by such line or 
its connections, on payment of a reasonable fee for such use; 
and if any such proprietors shall neglect or fail so to open 
and maintain such offices or places, any person aggrieved 
may apply to the supreme court by petition for redress, and 



SPECIAL DAMAGE TO TRAVELLERS. 317 

the court shall make such orders and issue such decrees as 
justice may require. — Id., s. 11. 

12. Electric lights. Such proprietors of any electric 
lighting apparatus or line shall furnish the means of light- 
ing by such electric light to all persons within reach thereof 
and applying therefor upon similar terms and conditions, 
without discrimination, and at reasonable rates; and any 
person aggrieved by the neglect or failure to furnish such 
means at such rates may apply to the supreme court by 
petition for redress, and the court shall make such orders 
and decrees as justice may require. — Id., s. 12. 

13. Use is public. The use of the highways of this 
state, by telegraph, telephone, and electric lighting poles, 
structures, and wires, under and in accordance with the 
provisions of this act, is hereby declared to be a public use 
of such highways. — Id., s. 18. 



CHAPTER LI. 

SPECIAL DAMAGE TO TRAVELLERS. 

1. Towxs liable FOR. Towns are liable for damages 
happening to any person, his team, or carriage, travelling 
(1) upon a highway (2) or bridge thereon, by reason of any 
obstruction, defect, insufficiency, or want of repair, which 
renders it unsuitable for the travel thereon. — G. L., c. 75, s. 1. 

(1) A person is travelling upon a highway within the meaning of this statute when 
he is making a reasonable use of it as a highway ; and stopping temporarily in it for 
the purpose of seeing a procession may be such a reasonable use. The question is one 
of fact. — Vai-ney v. Manchester, 58 R. 430. The driving of horses in the highway, or 
the turning them loose in it, may be a reasonable use of it as a highway, and the town 
be liable for injuries to them from the insufficiency of the road.— Dumas v. Hampton, 
58 R. 134; Elliott v. Lisbon, 57 R. 27. 

(2) What are highways. Highways are only such as are laid out as directed by stat- 
ute, or else used for public travel other than that to or from a toll-bridge, or ferry, for 
twenty years.— 59 R. 291; 58 R. 438; 60 R. 467. See also ante p. 296, s. S3. It being 
shown that the surveyor removed a rock by direction of one of the selectmen— held, 



318 SPECIAL DAMAGE TO TRAVELLERS. 

that the town should have been permitted to prove that the selectman said at the time 
that the adjoining owner assented to the removal, since it would tend to rebut the idea 
of adverse use by the public. — Plummer v. Ossipee, 59 R. 56, 58. 

(a) Evidence of wheel tracks at the place in question, at a time found by the trial- 
justice not too remote, is competent upon the limits of the highway established by user 
of twenty years.— Plummer v. Ossipee, 59 R. 55. 

And an ancient record of a laying out is competent, notwithstanding it shows no peti- 
tion, notice, hearing, or award of 'damages.— Id. 

(b) Estoppel. If a town permit a turn-out to a private way with all the characteris- 
tic marks of a highway, it will be bound to keep so much of it (the turn-out) in repair 
as is within the limits of the laid-out road.— 57 R. 88; 56 R. 428. And see ante p. 296> 
s. 33. 

2. Snow-banks. They are liable for damages happen- 
ing from the snow incumbering the same, as from any other 
defect. — Id., s. 2. 

3. Load exceeding five tons. Towns and other cor- 
porations are not liable for such damages to a person travel- 
ling with a loaded carriage, when the load, exclusive of the 
carriage, exceeds five tons. — Id., s. 3. 

4. Exceeding three tons. They are not liable for 
such damages when the weight of the load, exclusive of the 
carriage, exceeds three tons, unless the width of the felloes 
of the wheels, if a two-wheeled carriage, is at least five 
inches, and if a four-wheeled carriage, three and one half 
inches. — Id., s. 4. 

5. Droves of cattle. They are not liable for such 
damage happening to droves of cattle by reason of the defi- 
ciency of a bridge, (1) if, when it happens, the number of 
cattle on the bridge exceeds twenty-five. — Id., s. 5. 

(1) Bridge not lighted. See ante p. 305, ss. 9-11. 

6. Burden of proof. Upon the trial of any action for 
the recovery of such damage, it is incumbent on the plain- 
tiff to prove the weight of the load and width of the felloes, 
and the number of cattle on the bridge. — Id., s. 6. 

7. Notice to selectmen and town-clerk. Every 
person sustaining damage to his person, team, or carriage, 
while travelling upon any highway or bridge thereon, by 
reason of any obstruction, defect, insufficiency, or want of 
repair, rendering it unsuitable for travel thereon, shall, 



SPECIAL DAMAGE TO TRAVELLERS. 319 

within ten days from trie date of receiving such damage, file 
with the selectmen of the town and the clerk of the town 
(1) or city which by law may be liable for the same, a writ- 
ten statement, under oath, of the exact place where and the 
time when such damage was received, a fall description of 
such injuries, the extent of the same, and the amount of 
damages claimed therefor. — Id., s. 7, as amended by the 
Laws of 1885. 

(1) Within ten days the party or his friends ought to know whether the injury is such 
as to make it worth while to call upon the town. If it is, he or they should go to a 
competent lawyer to prepare the claim. The damages claimed must be stated. If it is 
a matter of conjecture what the damages may prove to be, the attorney should, as usual, 
claim enough. 

(a) If another town is liable to contribution to the highway, the clerk receiving the 
notice should immediately file with the clerk of the contributory town a copy of the 
claim for damages. Seepost p. 328, s. 3. 

8. No suit without IT. No action for any such inju- 
ries shall be commenced until such claim has been filed as 
aforesaid, nor until the town or city which may be liable for 
such injury has caused an investigation to be made of the 
causes and extent of the injuries for which damages are 
claimed, and notice of their decision in respect to said claim 
has been given to said claimant, unless the town or city 
which may be liable shall neglect to make said investiga- 
tion and decision, and give said notice, for more than thirty 
days after notice as aforesaid of said claim. — Id., s. 8. 

(1) If another town liable to contribute, the clerk must within ten days file copy of 
the process with clerk of that town. Ses post p. 329, s. 4. 

9. Unavoidable accident. If any person receiving 
injuries as aforesaid is unavoidably (1) prevented from filing 
his claim for damages as aforesaid, within ten days from the 
date when such injuries were received, such claimant may 
make application within six months from the date of the 
injuries, and not afterward, to the supreme court, at the 
trial term thereof, setting forth the nature and amount of 
the claim, the extent of the injuries, and the causes which 
have prevented the filing of the same within ten days from 



320 SPECIAL DAMAGE TO TRAVELLERS. 

the date of the injuries ; and if the said supreme court, upon 
notice to the city or town liable therefor, and a hearing 
thereon, are of the opinion that manifest injustice would 
otherwise be done, they may allow said claim to be filed 
with the clerk of the town or city which may be liable for 
such injuries, within such time as they shall order, but no 
action shall be commenced on any such claim until the ex- 
piration of thirty days from the time when the same is filed 
with the clerk as aforesaid. — Id., s. 9. 

(1) Whether the claimant was unavoidably prevented, by accident, mistake, or mis- 
fortune, from filing his claim within the ten days, or whether his omission was caused 
by his own fault, is in general a question of fact, to be determined at the trial term, 
and not subject to revision by the court above.— 63 R. 197; 59 R.363, 479, 586; 60 R. 168; 
61 R. 67. The application was allowed where the neglect to file the claim was from the 
plaintiff's not knowing that the law required her to do it, it appearing that it was not 
her fault that she did not know it (Bolles v. Dalton, 59 R. 479); and where the plaiutiff 
being confined to Lis house from the injury, the agent whom he employed to file the 
claim by inadvertence incorrectly stated the distance of the stones causing the acci- 
dent, by which the town might be misled (Sewell v. Webster, 59 R. 586); and so where 
the petition by mistake was filed not in the county where the accident happened, as it 
must be, the action being local, but in another county, the court transferred it to the 
proper county.— Bartlett v. Lee, 60 R. 168. 

(a) There are not to be two trials upon the merits ; and the neglect to file being suffi- 
ciently accounted for, the court requires no more upon this application than proof of 
actual injury, and some evidence tending to show the town liable— Getchell v. Andover, 
59 R. 363. 

(b) The petition should state the exact place where (as definite as the nature of the 
case will admit of) and the time when the damage was received, a full description of 
the injuries and the extent of the same (so far as they can be known— the law does not, 
require impossibilities), the amount of damages claimed therefor, and the particular 
causes which prevented the filing of the claim perfected with the town-clerk. 

The form of such petition may be as follows : 

ss. To the Supreme Court : 

D B, of , in said county, represents that on the day of , 18—, while 

travelling upon the highway leading from to in said town, about the hour 

of ten o'clock in the evening, and at a point about sixty feet from the culvert over said 
highway, through the insufficiency and want of repair of said highway in not being 
guarded by a railing at the top of the bank at the side of said highway, together with 
the darkness of the night, he was carried and thrown over said embankment, and 
thereby received severe injuries to his person [describe them], and his carriage was 
also broken [tell where], and his horse received a severe cut upon [tell where and 
what]; for which injuries to his person and horse and carriage he claims the sum of 

dollars. Your petitioner was unavoidably prevented from filing his claim for 

damages with the town-clerk and selectmen of said town, as required by section seven 
of chapter seventy-five of the General Laws, by the following causes [state them spe- 
cifically, carefully, and fully]. 

Wherefore he prays said court to allow said claim to be filed with said town-clerk, as 
provided by section nine of said chapter. 



SPECIAL DAMAGE TO TRAVELL1 321 

Date and signature, and filing in the office of the clerk of the court, who will issue an 
order of notice. 

(c) The court has no authority to allow an amendment to the claim filed with the 
town-clerk. It can only in a proper case grant leave to file a new claim with laid 
clerk, such as the statute require*. — Leonard \. r.<<ih, 61 i; 

(c) The liability of the town is for the Insufficiency <>f the highw jr. [1 i j not liable 
for a want of ordinary (•arc in a highway surveyor, who uodertal m to sasbri a traveller 
through a snow-drift {jCofran v. Scmbornton, 56 it- 12 ; nor for tin- negligenl ai 
fireman in handling his hose, whereby a traveller* bone Is Frightened, and the plaintiff 
thrown out. Edgerly v. Ooneord t - r >:i B» 78. 

10. Remedy oveb by. town. The town shall have a 
remedy over ( 1 ) against the surveyor ol highways, th 
whose fault or neglect any such damage happened. — 1*1.. s. 1 (| . 

(1) Against individuals. Ordinarily when incurnl.ini i hlgh- 

way, and one receives injury in consequence, the town Is liable In the tir-t i 
and may have a remedy over against 1 1 1« • party causing the obstruction, who. i: - 
ably notified, will be bound i>y the judgmenl against thr town. - Digest, p. 11 1, ss. 333- 
340. See ss. 19, 21, post; 30 Conn. 118, 685; 11 Allen 818; 9 Allen 17; B I 
Gray 49G; 7 Cush. 496; .'{ Uush. 171; U rick. 279. But the party may sue the individual 
who has created the nuisance, at common law.— 12 Gray 41 "• ; 

Oilman, hi R. 127. And the fact that the party had been licensed to encumber the 
street, will not exempt him from liability to the t<>wn or city paying damagi a In conw - 
quence of the obstruction.— Manchester v. Quimby, 60 H. 10. 

(a) Notice of suit, form of: 

To , Surveyor of Highway 8 for district No. — . in the torn of .« 

You are hereby notified that of has commenced B Bull Sgalnst said town, 

to be entered at the supreme court to be holden at on the first Tuesday of 

next, for an injury alleged to have been received by reason of a defecUve bridge in the 

highway leading from to , and which comes within your district. Said 

town, if found liable in said suit, will hold you responsible it it shall appear that such 
damage happened through your fault or neglect. 
Date and official signatures. 

(b) For remedy against other towns for contribution, see post p. 328, c. 52. 

11. Turning to the incur. Whoever travelling with 

any vehicle meets any other person so travelling, on a high- 
way or bridge, shall seasonably turn to the right of the 
centre of the travelled part of the road, so as to enable such 
person to pass with his vehicle without interference. — Id., 
s. 11. 

(1) He is not answerable if no actual fault for not knowing that there is occasion for 
him to turn out, as where the plaintiff, whom he met in a dark night, stopped his horse 
in silence, and the defendant was not aware that he was meeting any one.— Lyons v. 
Childs, 61 R. 72. See, also, Gale v. Lisbon, 52 R. 174, and Brooks v. Hart, 14 R. 307. 

12. Penalty. Every person violating the provisions of 
the preceding section shall be fined not more than ten dol- 

*14 



322 SPECIAL DAMAGE TO TRAVELLERS. 

lars, and shall be liable for the damages (1) occasioned 
thereby. — Id., s. 12. 

(1) A traveller, whose side of the road is trenched upon by another, cannot for that 
reason carelessly rush upon him or his vehicle, and recover damages for an injury 
sustained thereby (14 R. 317, Digest, p. 415, ss 410-415) ; but, on the contrary, he will 
himself be liable for any damage done to the other party.— 3 Allen 176 ; Digest, p. 412, 
ss. 359, 360. 

If, in a reasonably safe and prudent attempt to pass, under such circumstances, he 
sustain injury, an action will lie for redress. — 14 R. 317. 

Damage arising from detention, without collision, would be a valid cause of action in 
favor of the party detained. — Id. 

Semble that if a traveller voluntarily go upon the left side of the highway, his inabil- 
ity to leave such part of the way would not exonerate him from liability for injuries sus- 
tained by another by reason of such occupancy. — Id. 

In crossing to the left side of the road, to turn up to a house or other object, one must 
not obstruct those who are passing on th t side, but must go be/ore, or wait till after 
they have passed. — 11 Maine 388. 

13. Limitation of time. No complaint for such viola- 
tion shall be sustained unless made by the person injured, 
or some other by his authority, within ninety days after the 
offence ; and no action shall be sustained for the damages 
occasioned thereby, unless brought within one year. — Id., s. 
13. 

14. Venue of action. All actions for damages brought 
under the provisions of this chapter shall be brought in the 
supreme court of the county where said injuries were re- 
ceived. — Id., s. 14. 

15. Subjects of injury. The word carriage in the 
statute includes whatever carries the load, whether upon 
wheels or runners, and also that which is carried, whether 
on wheels or runners, or on horseback. Thus the town may 
be liable for an injury to the traveller's sled and load of 
coal.— 46 R. 521. 

16. Husband and wife. For personal injuries to her, 
the suit should be in her name. (1) 

(1) Plummer v. Ossipee, 59 R. 55; Harris v. Webster, 58 R. 481; Smith v. Piermont, 
31 R. 343, 350; Winship v. Enfield, 42 R. 197. 

(a) The plaintiff may recover the value of property destroyed, or the full extent of 
the injury to it, if he was the owner, or if he was only a bailee, at least if he has settled 
with the owner before judgment.— 2 R. 392; 35 R. 271 ; Digest, p. 91, s. 10 ; 49 R. 387; 
29 Maine 310; 11 Gray 157, 162. 



SPECIAL DAMAGE TO TRAVELLERS. 323 

17. Place of injury. As towns are not required to 
grade the whole width of the laid out road, it is held that 
when one voluntarily goes out of the travelled path, as in 
passing to or from a private way, or to find more snow, the 
town is in general (1) not liable; but if he leaves from a 
reasonable fear of injury, (2) as to prevent being run over, 
or if he is forced into the ditch by accident, the town may be 
liable. 

(1) 19 Vt. 470; 38 Vt. 275; 4 Gray 65, 69; 7 Cush. 498; 13 Met. 55. 

(2) 21 Vt. 391 ; 38 Vt. 275; 6 Gray 447; 11 Cush. 563. 

(a) The question being as to the condition of the road, A, who knows Vhere the acci- 
dent hippened, may testify that he showed the place to B, and B may then testify as 
to the condition of the road at that place.— Fairfield v. Amherst, 57 R. 479. 

(b) Whether there shall be a view, is ordinarily a question of fact for the trial judge, 
and his decision final. — Fairfield v. AmJierst, 57 R. 479. 

18. If wholly outside. And the town may be liable, 
although the actual injury was received wholly outside of 
the laid out road, as where for want of a railing at a dan- 
gerous place (1) the traveller runs off the bank, and him- 
self or his horse or carriage is injured outside in conse- 
quence. 

(1) 10 Allen 25 ; 3 Allen 402; 5 Gray 61; 7 Pick. 188. 

If a traveller, in the exercise of ordinary care and prudence, leaps from Jiis carriage 
because of its approach to a dangerous place or object in the road, and thereby sustains 
and injury, the town is liable, though the carriage or traveller does not come in actual 
contact with the obstruction.— 11 Cush. 563. 

19. Cause of injury. If the defect in the highway 
was the prime moving cause, it is immaterial that the 
wrongful act of a third person, or other causes for which 
the plaintiff is not responsible, contributed (1) to the in- 
jury. 

(1) 44 R. Ill ; 42 R. 215; 32 R. 63; Digest, p. 410, s. 323, and p. 411, s. 338. See, also, 21 
Vt. 391, 394; 15 Vt. 708; 9 Vt. 411. The law is held otherwise in Massachusetts (4 Al- 
len 195, 11 Allen 321, 7 Gray 100) and in Maine, but by a divided court.— 51 Maine 127. 
See, also, 3 Allen 402; 2 Cush. 6u0. 

Thus, where the traveller's horses being frightened by the overturning of the carriage 
from a defect in the highway, escaped from him and collided with another traveller, 
it was held that the injury to the latter might be considered as caused by the defective 
highway.— Merrill v. Claremont, 58 R. 468. 

The plaintiff had put in stairs from the sidewalk to the cellar. In passing, he tripped 
from a defect in the sidewalk, and was thrown down the steps, through no want of 



324 SPECIAL DAMAGE TO TRAVELLERS. 

care in passing. Held, "that he might recover such damages as were the direct and nat- 
ural result of the defective sidewalk, but not for any increase of injury occasioned by 
the stairs.— Lavery v. Manchester, 58 R. 444. 

20. Plaintiff in fault. If the damage sustained by 
the plaintiff was in any degree directly caused by his own 
fault (1) or negligence, he cannot recover ; but though he 
may. have been in fault, yet if his fault in point of fact in no 
way contributed (2) to the injury he may recover. 

(1) Digest, p. 412, ss. 350-360; 35 R. 271, 276; 39 Vt. 246; 38 Vt. 667. 

(2) And whether in fact the plaintiff was guilty of any negligence which contributed 
to the injury, is a question of fact for the jury. — Rulund v. South Newmarket, 59 R. 
291; 58 R. 13; and see citations in previous note. 

(a) In determining whether the plaintiff was in fault, the jury may properly consider 
his knowledge or ignorance of the condition of the roads and road tracks, if more than 
one.— Griffin v. Auburn, 58 R. 122. 

(b) A traveller is bound to the exercise of ordinary care and prudence in the selection 
of his horse, carriage, driver, harness, etc., and in the management of the team; and 
the whole question is one of fact.— 58 R. 13, 321; Digest, p. 412, s. 351 ; 43 R. 356. 

(c) The traveller should use suitable care to effect a cure. If he exercises such care 
in the necessary employment of a surgeon possessing average skill, the town may be 
liable for all damages resulting from the injury, although increased by the treatment of 
the surgeon. — Tuttle v. Farmington, 58 R. 13; 51 Me. 439. And this rule is not changed 
by the fact that the plaintiff himself is a physician and surgeon.— Boynton v. Somers- 
worth, 58 R. 321. 

21. What degree of cake. The degree (1) of cau- 
tion used by the plaintiff should be in proportion to the ap- 
parent danger, and is required to be such as persons in gen- 
eral exercise under like circumstances ; and the question is 
usually one for the jury. 

(1) 52 R. 244, 528; Digest, p. 412, ss. 351-356; 32 Maine 574; 39 Vt. 252; 8 Allen 522 ; 1 
Allen 177; 12 Cush. 488; 6 Cush. 524; 4 Cush. 247; 21 Pick. 146; 13 Pick. 94; 7 Pick. 188; 
2 Pick. 621. 

His not chaining his wheel when such precaution is customary, is competent evi- 
dence to the jury upon the question of his negligence.— Aldrich v. Monroe, 60 R. 118. 

(a) Wrong side of the road. Where a traveller, driving in the night, came in colli- 
sion with an approaching carriage, and was forced off a bridge which had no sufficient 
railing, it was held that he might recover of the town, provided he was using ordinary 
care and prudence, notwithstanding the accident would not have happened if he had 
given the other traveller one half of the road.— Digest, p. 412, s. 360. See, also, 3 Al- 
len 176; 11 Gray 418; 52 R. 174. 

(b) Whether travelling in a very dark night without a light is want of ordinary care, is 
for the jury to determine in connection with all the circumstances ; and where the plain- 
tiff is seventy years of age, and partially blind, was travelling with his son, twenty-six 
years of age, with the usual experience of farmers of that age, in such a night without a 
light, the court before whom the trial was held refused to set aside a verdict for the 
plaintiff.— Daniels v. Lebanon, 58 R. 284. See post (f) (h). 



SPECIAL DAMAGE TO TRAVELLERS. 325 

(e) If a highway is manifestly unsafe, one who attempts to pass ordinarily does so at 
his own risk. It is for the jury to say whether the plaintiff was in the exercise of com- 
mon prudence, both in attempting to pass, and while passing.— 22 R. 559; 43 R. 265; Di- 
gest, p. 412, ss. 351, 352 ; 36 Vt. 355 ; 27 Vt. 443, 470 ; 12 Vt. 338; 6 Yt. 245; 12 Allen 85; 
8 Allen 137 ; 5 Allen 1 ; 1 Allen 30 ; 12 Cush. 488 ; 16 Maine 187. An attempt to pass be- 
fore the road is constructed and open to public travel, must usually at least be deemed 
unwarrantable.— 13 Pick. 102; 21 Pick. 44; 16 Pick. 442; 5 Cush. 1; 12 Cush. 259 ; 1 Al- 
len 128. 

(d) As the law is now held, the fact that the injury was received while the party was 
travelling on Sunday, whether for a social visit, for business, or for pleasure, will not 
prevent a recovery here.— 60 R. 158; 59 R. 586 ; 35 R. 271 ; 35 R. 530. 

(e) The mere fact that the plaintiff was intoxicated, will not preclude a recovery by 
him. The question is still one of reasonable care, as in other cases.— 48 Maine 477; 3 
Allen 402. And so of a blind man travelling alone.— 52 R. 244. 

(f) Negligence of the parents may prevent a recovery by a child.— 4 Allen 283; 38 Vt. 
59. If a blind man do not have an attendant, it may be negligence, but is not necessa- 
rily.— SS Vt. 59. See ante (e). 

Her husband's want of care in driving will bar the wife the same as if the negligence 
were her own.— 38 Vt. 440, 447. And the court say that it would be the same if a ser- 
vant or a stage-driver, or any other person, were negligent in driving. 

(g) A highway surveyor who neglects to notify the selectmen that his tax is insuffi- 
cient, cannot recover for an injury to himself from a defective highway in his own dis- 
trict.— 8 Allen 522. 

(h) Burden of proof . It is for the town to show that the night was so dark as to be 
unsafe to travel.— 27 Vt. 62, 68. If it appears that the plaintiff is chargeable with some 
fault, he must show that it was no cause of the injury. See 41 R. 289; Digest, p. 331, s. 
123 ; 50 Maine 222; 43 Maine 492; 39 Vt. 253; 27 Vt. 443; 47 Vt. 95; 37 Vt. 501 ; 7 Vt. 152; 
6 Allen 39 ; 8 Alien 522. 

22. Insufficiency of highway. Under proper in- 
structions as to the meaning of the terms, the question 
whether the highway was obstructed, defective, insufficient, 
or in want of repair, is for the jury, (1) who will decide 
from the character of the road, the amount and kind of 
travel, and all the circumstances of the case, whether the 
highway was reasonably safe and suitable for the travel there- 
on, and whether or not it ought to have been repaired before 
the accident. 

(1) Digest, pp. 411, 412, ss. 341-349, and p. 410, s. 326. 

(a) It is held in Massachusetts that a rope, while in motion across the highway by 
human agency, or a railroad car while in motiou upon a highway under the direction 
of the corporation, although wrongfully there, does not make the highway defective, 
nor the town liable for an injury from it to a traveller. — 11 Allen 318, 321; 7 Gray 421. 
The word obstruction is not in the statute of that state. 

(b) Coasting. It has been held that a city is not liable for an injury to a traveller 
from coasting in the public street and highway, even if so great a hindrance to the 
travel as to be a public nuisance.— 46 R. 59; 4 Allen 113; 11 Allen 321. 

It has since been decided here that a pig-pen with pigs in it, which by their squealing 
frighten horses, although outside of the travelled path, may be deemed an obstruction 
for which the town is liable. — 48 R. 18. 



326 SPECIAL DAMAGE TO TRAVELLERS. 

(c) If in repairing highways, they are encumbered beyond what is reasonable and 
necessary, or if there is any neglect to warn the traveller of danger, especially in the 
night-time, and guard against it, the town will be liable as in other cases. — 52 R. 330, 
370; 38 Maine 195; 16 Maine 189; 27 Vt. 62, 68; 16 Pick. 170; 4 Gray 596. 

(d) Towns are not required to grade the whole width of common highways, but it is 
for the jury to say whether defects and obstructions, not in the travelled part, render 
the highway insufficient or unsafe.— 35 R. 258, 304 ; 43 R. 350 ; 8 Gray 504 ; 4 Gray 65; 7 
Gray 338; 7 Cush. 498; 4 Cush. 307,365; 10 Cush. 260; 2 Allen 554; 16 Pick. 189; 46 
Maine 483, 485 ; 39 Maine 193 ; 23 Vt. 9 ; 12 Vt. 338. 

The same rule applies to deposits of lumber, etc., by the owner of the soil.— 43 R. 
356; 42 R. 197. 

(e) If a dangerous awning over a sidewalk fall upon a traveller, the city is held 
liable in Massachusetts (13 Met. 292), but is held not liable for an injury to a traveller 
fron snow and ice falling upon him from projecting eaves or buildings.— 13 Gray 62; 2 
Allen 553. 

(f) The town may be liable for an injury by reason of snowdrifts (17 R. 34, ante s. 2) 
or from ice.— 35 R. 52; 12 Allen 566; 10 Cush. 262; 14 Gray 249; 13 Gray 59; 7 Gray 100; 
3 Allen 405. See, also, 37 Maine 250, as to freezing and thawing. 

(g) A highway, though otherwise sufficient, may be defective, and the town liable, 
because of objects calculated to f tighten horses of ordinary gentleness.— (b) ante; 43 
R. 356; 52 R. 370, 401; 48 R. 18; 42 R. 197; 26 Maine 241; 30 Conn. 129; contra, 13 Allen 
186; 2 Allen 552. 

(h) The want of a safeguard or railing against a dangerous place near the highway, 
may be regarded as a defect in the highway— 35 R. 304; 41 R. 329; Digest, p. 33, s. 51 ; 52 
R. 221; 49 R. 327; 13 Allen 429, 432; 10 Allen 290; 7 Gray 338; 6 Cush. 396; 4 Cush. 299; 
2 Cush. 600. 

(i) Although in general, evidence of an obstruction at a different place is irrelevant, 
yet where the accident happened by the running of the carriage upon the west end of 
a log, it was held competent to prove upon the question of its being an unreasonable 
obstruction that other persons had run against the east end, the trial judge finding that 
the evidence was not too remote.— Plummer v. Ossipee, 59 R. 55, 57. See, also, Digest, 
p. 336, s. 211. 

It may be shown that other horses were frightened by the object (Darling v. West- 
moreland, 52 R. 401), and that at various times teams and carriages ran against the tree, 
which plaintiffs claim was an obstruction.— Griffin v. Auburn, 58 R. 121. 

Where the town proved particular instances of careless driving by the plaintiff's hus- 
band (who was driving at the time of the accident), it was held that she was properly 
permitted to testify to other instances of careful driving when she had been with him. 
Plummer v. Ossipee, 59 R. 56. 

(k) Payment to other persons is evidence as an admission that the highway was in- 
sufficient.— Grimes v. Keene 52 R. 330; Coffin v. Plymouth, 49 R. 173. 
. (1) Amendments to the declaration in the writ in respect to the place and defect are 
allowed in a proper case— Griffin v. Auburn, 58 R. 122. 

23. Notice of defect. The liability of a town does 
not depend upon the fact whether or not its officers or 
agents had actual notice of the existence of the defect, pro- 
vided it was of such a (1) character that the town was rea- 
sonably bound, under all the circumstances, to have reme- 
died it. 

(1) 41 R. 135; 35 R. 303. See 35 R. 310, 311 ; Digest, p. 411, ss. 342, 343, and p. 412, 89. 
347,348; 52 R. 330, 370. 



SPECIAL DAMAGE TO TRAVELLERS. 327 

Evidence that the selectmen were informed of the defect is competent, since the ques- 
tion whether the town was reasonably bound to repair before the accident might de- 
pend somewhat upon the publicity which had been given to the defect by any talk or 
conversation with any of the inhabitants, whether officers or not. — Fairfield v. Am- 
herst, 57 R. 479, 481, qualifying Howe v. Plainfield, 41 R. 135. 

24. Sudden obstructions. When the immediate cause 
of the accident and injury to the plaintiff is such that the 
town could not have had notice of it, and remedied it before 
the accident, the town is not liable. (1) 

(1) See ss. 22, 23, ante; Digest, p. 411, s. 345; 39 Vt. R. 255; 15 Vt. R. 438; 9 Vt. 
R. 411; 10 Allen 147. 

25. Railroads. Where a railroad has necessarily created 
a danger which the town cannot obviate, the town is not 
liable, and the party injured is without remedy ; (1) but a 
wrongful obstruction of the highway will not excuse (2) the 
town, or exempt it from indictment or suit. 

(1) 35 R. 304, 314; 59 R. 24. 

(2) 46 R. 452; 51 Maine R. 313; 27 Vt. 62; 22 Vt. 458; 24 Vt. 155; 1 Allen 182; 16 Pick. 
170; 14 Pick. 279; 7 Gray 423; 7 Cush. 490. 

26. Damages, rule of. In case of an injury to the 
person, damages (1) are to be given for loss of time, present 
and prospective, for the actual and probable expenses of a 
cure, for the permanent disability if the injury is probably 
incurable, and such a sum as the jury deem reasonable for 
bodily pain and mental anxiety by reason of the injury. 

(1) 36 R. 13, 14; Digest, p. 238, s. 17 ; 27 Conn. 294; 1 Cush. 451; 32 Maine 271; 36 
Vt. 580 ; 30 Vt. 738. And expressions of the person injured indicating pain, are compe- 
tent evidence, the question whether they are real or feigned being for the jury. — Plum- 
rner v. Ossipee, 59 R. 55. 

(a) It was held that the plaintiff might recover damages for an injury received from 
his horse while endeavoring to get him out of a hole in the road.— 30 Vt. 138. 

(b) An expert, giving his opinion, may be asked on cross-examination what account 
of the injury he had received of any one before he examined the patient, as tending to 
show the state of his mind under which he formed his opinion. — Plummer v. Ossipee, 
59 R. 50, 58. 



328 CONTRIBUTION BY OTHER TOWNS. 

CHAPTER LII. 

CONTRIBUTION BY OTHER TOWNS. 

1. Joint neglect. In all cases where a town other than 
the town in which a highway and bridge are situated has 
been or shall be ordered to contribute towards the repair 
and maintenance of such highway and bridge, according to 
the provisions contained in chapter 68 of the General Laws, 
the several towns liable to maintain such road shall be liable 
for damages happening to any person travelling thereon, his 
team, or carnage, by reason of any obstruction, defect, in- 
sufficiency, or want of repair which renders it unsuitable for 
the travel thereon, in the same proportion as they are bound 
to contribute to the maintenance of such highway and 
bridge.— Laws of 1883, c. 49, s. 1. 

2. Not to affect party injured. As between the 
person suffering damage and the town in which the highway 
is, the rights, duties, and liabilities of the respective parties 
are not affected by this act. — Id., s. 2. 

3. Notice for contribution. Whenever notice of an 
injury happening to a traveller on such highway or bridge 
is filed with the clerk of the town in which the same is lo- 
cated, such clerk shall within ten days thereafter file with the 
clerk of the town or towns liable to contribute as aforesaid 
to the maintenance thereof an attested copy of such notice ; 
and thereupon the town or towns so liable to contribute 
may cause an investigation of the causes and extent of the 
injuries for which damages are claimed, as provided in sec- 
tion 8 of chapter 75, General Laws, and may notify the 
claimant of their decision in the premises, and of the pro- 
portion of his damages they are liable to pay ; and the set- 
tlement (1) by either town with the claimant, and the pay- 
ment by such town of its proportion of the damages claimed, 
shall be a full discharge of all the liability of such town in 



CONTRIBUTION BY OTHER TOWNS. 329 

the premises. But such settlement and payment shall in 
no way affect any rights or liabilities existing between the 
person sustaining the injury and the other town or towns 
claimed to be liable. — Id., s. 3. 

(1) They will state the proportion as one third, one half, or otherwise, according to 
the proportion in s. 1 ante. 

4. Of suit brought. Whenever an action for such 
damage shall be commenced against the town in which the 
highway is located, the clerk of the town on which service 
is made shall, within ten days after such service, cause a 
copy of the process left with him to be filed with the clerk 
of the town or towns liable to contribute, and such town or 
towns may appear in such action and make defence thereto 
the same as though they were parties to the record ; and on 
the termination of the suit, whether such other towns defend 
or not, they shall pay their proportion, according to their 
liability in maintaining the road, of the expense incurred in 
making the defence, and in case of a recovery by the plain- 
tiff shall pay the same proportion of the costs as well as 
damages recovered. — Id., s. 4. 

5. Order for contribution. When final judgment is 
entered in such action, the court, upon notice to all the 
towns interested, shall determine the amount to be paid by 
each to either of the others to adjust all matters of damage, 
cost, and expense, according to the provisions of this act, 
and order judgments and issue executions to carry the same 
into effect. — Id., s. 5. 



CHAPTER LIII. 

GUARDIANSHIP AND PROTECTION OF MINORS. 

1. Binding out. Children under the age of fourteen 
years may be bound as apprentices until that age, without 



330 GUARDIANSHIP AND PROTECTION OF MINORS. 

their consent, by their father if living, or, if not living, by 
their mother or guardian ; and if such child has no parent 
or guardian he may bind himself, with the approbation of 
the selectmen or overseers (1) of the poor of the town where 
he resides. — G. L., c. 187, s. 1. 

(1) Overseers binding out, post a. 14. 

2. If over fourteen. Minors above the age of four- 
teen may be bound with their consent by their father, or, 
after his decease, h^ their mother or guardian, as appren- 
tices ; females until eighteen, or to the time of their mar- 
riage within that age, and males to the age of twenty-one. 
The consent of such minor shall be distinctly expressed in 
the indentures, and testified by his signing the same. — Id., 
s. 2. 

3. By indentures only. No minor shall be so bound 
except by indentures of two parts, signed, sealed, and deliv- 
ered by both parties ; and when the minor binds himself 
with the approbation of the selectmen or overseers of the 
poor, such approbation shall be certified in writing, signed 
by them on each part of the indentures. Id., s. 3. 

(a) The form of indenture of a minor under fourteen may be, — 

This indenture witnesseth, that , resident of the town of , and having no par- 
ent or guardian, with the approbation of the selectmen of said town, binds himself unto 

, of the town of , as an apprentice to learn the trade or business of a , until 

the — day of , 18—, when he will be fourteen years of age, and during all said time 

he shall and will obey all the lawful commands of his said master, and him faithfully 
serve. 

And the said covenants that he will faithfully teach the said , or cause him to 

be taught, the said trade or business in a suitable manner, and will cause him to be 
taught to read, write, and cipher, and will furnish him with proper and sufficient food, 
clothing, lodging, medicines, and other necessaries, both in sickness and in health, 
during said term [here insert other stipulations]. 

In witness whereof, the said parties have hereto set their hands and seals this — 
day of , 18—. 

Signed, sealed and delivered in the presence of us. 

. [Seal.] 

. [Seal.] 

(b) We have carefully examined the within indenture, and approve the same. 
Witness our hands this — day of , 18—. 

, / Selectmen of 



GUARDIANSHIP AND PROTECTION OF MINORS. 331 

4. Where kept. One part of the indentures shall be 
kept by the master or mistress and the other part by the 
parent or guardian of the minor, or, if approved by the se- 
lectmen or overseers of the poor, by the clerk of the town, in 
trust for such minor. — Id., s. 4. 

5. Effect. All indentures executed as aforesaid shall 
be good and effectual in law against all the parties thereto. 
—Id., s. 5. 

(a) A contract of apprenticeship, not conformable to the statute, is voidable only by 
the apprentice, and cannot be avoided by any other person or party, for that reason.— 
36 R. 305; 45 R. 416; Digest, p. 43, ss. 4, 5. 

If the apprentice fulfil the stipulations of such voidable contract, he will be entitled 
to the benefits accruing to himself from its terms.— Id. 

The minor's quitting the master's service and engaging in labor elsewhere are suffi- 
cient evidence of an avoidance of the contract by him.— 43 R. 413; 44 R. 370; Digest, p. 
43, s. 3. 

6. Decease of master. No indenture shall be binding 
upon the minor or upon his parent or guardian after the de- 
cease of the person to whom such minor was so bound ; but 
if said apprenticeship has nearly expired, and such appren- 
tice chooses to complete his service with the widow or the 
executor or administrator of his master, he shall be entitled 
to all the benefits of said indentures, which shall be paid 
out of said estates as though the master had lived until such 
apprenticeship expired. — Id., s. 6. 

(a) The trust is personal, and the master cannot assign the services of bis apprentice 
without his consent (34 R. 66, Digest, p. 42, s. 1, 19 Pick. 556, 12 Pick. 110, 8 Mass. 
299, 1 Mas3. 172), nor compel him to accompany him on his removal from the state.— 
5 R. 405; Digest, p. 43, s.7; 9 Gray 84, 86; 13 Met. 80; 12 Pick. 107; 2 Mass. 109; 6 Mass. 
273; 1 Mass. 172; 12 Me. 315. See 5 Gray 535. But a mere intention by the master to 
remove from the state is no violation of his covenants.— 2 Pick. 356. 

7. Usage inquired into. Parents, guardians, select- 
men, or overseers, shall inquire into the usage of minors 
bound out, and defend them from the cruelty, neglect, or 
breach of covenant of the master ; and may make complaint 
(1) thereof to any justice, who shall notify (2) the parties, 
and hear and determine such complaint. — Id., s. 7. 

(1) The form of a complaint by selectmen may be, — 
To , a Justice of the Peace in and for the County of : 

The undersigned, selectmen of the town of in said county, complain that , 

a minor under fourteen years of age, having no parent or guardian, and residing in said 



332 GUARDIANSHIP AND PROTECTION OF MINORS. 

town, with the approbation of the selectmen of said town, on the — day of , 18— , 

bound himself by indenture to , of the town of in said county, as an appren- 
tice, to learn the trade or business of a [here state the trade], from that date until the — 

day of , 18—, when he will be of the age of fourteen years ; and the said in and 

by said indentures covenanted among other things that he would [here insert the cove- 
nants that have been broken]; yet the said , unmindful of his said covenants, has 

[here insert specifically the breaches of covenant], to the damage of the said minor 

dollars, and contrary to the statute in such case made and provided, and against the 
peace and dignity of the state ; wherefore they pray for the discharge of said minor 

from said indentures, and for judgment against said for said damages by said minor 

sustained by the breach of covenant, neglect of duty, and cruelty of the said as 

aforesaid, and for costs. 

1 Selectmen 



H ss., May — , 18—. Then the said made oath that the foregoing complaint, 

by them signed, is in their belief true. Before me, 

, Justice of the Peace. 

If the complaint is not for breach of covenant, it may omit the words in italics, and 

should allege the specific acts of neglect or cruelty relied upon, as that the said , on 

the — day of , 18 — , at in said county, with force and arms made an aggravated 

assault upon the said , and him cruelly did beat, wound, and bruise; or that the 

said , unmindful of his duty, at , in said county, for a long time, to wit, from 

to , cruelly neglected to provide the said minor with suitable and necessary 

food and clothing, etc. 

(2) Notice to the defendant may be as follows : 
To , of , in the county of : 

You are hereby notified to appear at , in the town of , on the — day of 

next, at — o'clock in the noon, to answer to a complaint made to me, a justice of 

the peace in and for said county, by the selectmen of the town of , a copy of which 

is hereto annexed. 

Dated at , in said county, this — day of , 18—. 

: , Justice of the Peace. 

The copy may be attested by the justice, and service be made in person or by leaving 
at the usual place of abode with certificate and affidavit of service, as in s. 9 (b) (c) p. 
121 ante. 

Reasonable notice should be given: fourteen days will be sufficient. 

A similar notice should be given to the selectmen. 

8. Discharge of minor, etc. If the complaint is sup- 
ported, the justice may render judgment (1) that such 
minor be discharged from his indentures, and that the mas- 
ter pay all damages (2) sustained by the minor from such 
neglect, cruelty, or breach of covenant, and costs ; but if 
said complaint is not sustained, the justice shall award costs 
to the respondent ; and in either case execution may issue 
therefor. — Id., s. 8. 

(1) The record of conviction may be : 

H ss. Be it remembered that on the — day of , 18—, at a justice court 

holden before me, a justice of the peace in and for said county, at , in the town 

of in said county, at — o'clock in the noon, to hear and determine upon 



GUARDIANSHIP AND PROTECTION OF MINORS. 333 

the complaint of the selectmen of the town of against of the town of 

, that , a minor [here state the allegations against the defendant as in the com- 
plaint] ; the parties having heen duly notified appeared, and the said pleaded not 

guilty to said complaint, but having heard all the proofs and alleagtions of the said 

parties it appears to me that said complaint is supported, and the said is guilty of 

the breaches of covenant and neglect and cruelty therein alleged: It is therefore or- 
dered by me, the said justice, that the said minor be discharged from said indentures, 

and that the said pay to said selectmen, for the use of said minor, the sum of 

dollars, damages sustained by said minor from such neglect, cruelty, and breach of cov- 
enant, and also the sum of dollars cost. 

, Justice of the Peace. 

Execution for damages and costs may be issued as in other cases. 

(2) It seems that the entire damages should be assessed, as well after the date of com- 
plaint as before.— Digest, p. 237, s. 12, p. 238, ss. 16, 17. Although in an action for cov- 
enant broken, it may be otherwise.— 4 Pick. 105. 

9. Misconduct of apprentice. If any apprentice is 
guilty of any gross misbehavior, wilful neglect, or refusal of 
duty, and shall persist therein after being suitably remon- 
strated with by his master, the master may make complaint 
thereof to any justice, who, after duly notifying said appren- 
tice and all persons covenanting in his behalf, shall hear and 
determine such complaint, and render judgment that the 
master be discharged from the indentures, and recover costs 
against the parent, guardian, or minor, or that costs be tax- 
ed for the respondent; and in either case execution may 
issue accordingly. — Id., s. 9. 

(a) The covenants in the indenture are generally independent (30 R. 132), and there- 
fore if the apprentice steal his master's goods, the master cannot, of his own authority, 
discharge him, but he may file a complaint for the recission of the indentures. — 2 Pick. 
451. It is held in Massachusetts that the justice may discharge the indentures if the 
minor, by reason of an incurable disease, become unable to serve.— 2 Pick. 451. But it 
is presumed that such is not the law here.— See 30 R. 104. 

10. Personal violence. If any apprentice strikes or 
uses any personal violence toward his master, any justice, 
upon complaint, notice, and hearing of the parties, shall 
render judgment against the parent, guardian, or minor for 
all damages sustained, and for costs, and may issue execution 
therefor, and if the master chooses, shall adjudge the inden- 
tures to be void : otherwise for the respondent for his costs, 
and may issue his execution therefor against the master. — 
Id., s. 10. 



334 GUARDIANSHIP AND PROTECTION OF MINORS. 

11. Runaway apprentice. If any apprentice leaves 
the service of his master without sufficient cause, the master 
may empower any person to apprehend and return him ; and 
all necessary expenses incurred therein, and all reasonable 
damages sustained, shall be recovered by the master, of the 
parent or guardian of such apprentice, and if paid by a guar- 
dian, shall be a proper charge in his guardianship account. 
—Id., s. 11. 

12. Enticing away. If any person entices or persuades 
away any apprentice from the service of his master, or se- 
cretes, conveys, or sends off any apprentice, either by sea or 
land, or in any way causes any apprentice to leave the ser- 
vice of his master, such person shall make good all damages 
to the master, and be fined not exceeding one hundred dol- 
lars. — Id., s. 12. 

(a) He who knowingly employs an apprentice without the consent of his master, is 
liable to the master in an action for the work and labor of the apprentice.— 3 R. 272. 
And perhaps he will be liable, although he did not know of the apprenticeship, if the 
master was not in fault.— 19 Pick. 556; 7 Maine 457. 

13. Neglect to teach apprentice. If any master 
neglect to teach or cause to be taught to any apprentice the 
art, trade, or profession he was bound to teach, or to fulfil 
any part of his contract, he shall pay such apprentice, 
after he becomes of age, all damages sustained by reason of 
such neglect. — Id., s. 13. 

14. Overseers setting to work, or binding out. 
Such overseers shall set to work, in the work-house or else- 
where, or bind out as apprentices, all children (1) residing 
in their respective towns who are not employed in some law- 
ful business, and whose . parents are unable or neglect to 
maintain them, — males until the age of twenty-one years, (2) 
and females until the age of eighteen years. — G. L., c. 82, 
s. 5. 

(1) Residence in the town, the not being employed in some lawful business, and 
inability or neglect of parents to maintain them, must concur, to warrant the binding 
out of children by overseers of the poor.— 30 R. 118. Overseers approving, ante s. 1. 



GUARDIANSHIP AND PROTECTION OF MINORS. 335 

(2) A binding out until twenty years, instead of twenty-one, is invalid, and the father 
may recover for the services.— 16 Pick. 44. 

(a) Overseers of the poor, in binding out paupers as apprentices, act as public officers, 
and not as the agents of their towns; and their authority must be strictly construed in 
favor of the apprentice.— 30 R. 118 ; Digest, p. 518, sa. 132, 133; 19 Pick. 358 ; 16 Pick. 44. 
They cannot release or discharge any of the covenants (30 R. 104) ; and their admis- 
sions by any recital in the instrument are no evidence against the town.— 9 Allen 207, 
209. They cannot bind the town by a covenant that the apprentice shall faithfully 
serve.— 8 Vt. 256. 

(b) Overseers of the poor of another state have no authority to bind out paupers as 
apprentices in this state.— 5 R. 401; 13 Met. 80. 

(c) A minor child has not necessarily become a pauper by reason of the pauperism 
of the parent.— 15 R. 486. 

A minor son of an insane pauper mother, but not himself a pauper, may maintain 
assumpsit against an overseer of the poor, who puts him to work upon his farm, for the 
value of his services beyond necessaries furnished him.— Id. 

(d) When the binding out is legal, the master will have a right to the services of the 
minor that cannot be interfered with by a guardian subsequently appointed.— 3 R. 272; 
Digest, p. 43, s. 9. 

15. Contract to be in writing. Such contract shall 
be in writing, shall be made equitably, and as much as may 
be for the interest of the persons bound out, and shall 
provide that they shall be instructed to read, write, and 
cipher, (1) and to do such work and business as is suitable to 
their condition. The overseers shall inquire into the usage 
of all persons so bound out, shall see that said contract is 
fulfilled, and that all wrongs or injuries are redressed; and 
the rights and obligations of such master and apprentice 
shall be the same as in the case of other apprentices. — Id., 
s. 6. 

(1) A covenant to give " the privilege of all the town school usually taught in town," 
is/not a compliance with the statute, and the indenture is void.— 16 Pick. 44; 5 Pick. 
250. 

(a) The contract should be in duplicate, and be signed by the overseers and the mas- 
ter. It should recite the cause of binding out, and the recital in it of facts that war- 
rant a binding out will be evidence against the master.— 30 R. 104; 19 Pick. 358. 

If it do not contain the provisions for the benefit of the minor, it will be void, and 
neither party bound by it.— 16 Pick. 44; 5 Pick. 250; ante s. 15 (1). It may contain stip- 
ulations for his benefit in addition to those required by the statute.— 30 R. 104; 33 R. 
571. 

(b) The form of binding out may be,— 

[l. s.] This indenture between the overseers of the poor of the town of , and 

of the town of , witnesseth that said overseers bind out , a minor re- 
siding in said town, not employed in any lawful business, and whose parents are unable 
andneglectto maintain him, until he shallbe twenty-one years of age, which will be on 
the — day , 18 — , if he shall live so long, as an apprentice to learn the trade or busi- 
ness of a [here insert the employment], and him, the said , during all said time to 
faithfully serve and his lawful commands obey. 



336 GUARDIANSHIP AND PROTECTION OF MINORS. 

And said covenants that the said shall be instructed to read, write, and 

cipher, and shall do such work and business as is suitable to his condition, and shall be 
well and faithfully taught in said trade or business, and that he will provide for him 
suitable food, clothing, lodging, medicines, nursing, attendance, and other necessaries 
for his comfortable support in sickness and in health. 

In witness whereof, as ante p. 330 (a). 

16. Parental neglect, penalty. — Any parent able 
to earn a livelihood, who shall abandon his or her minor 
children under ten (1) years of age, or shall neglect to pro- 
vide for the support of the same, shall be imprisoned in the 
house of correction in the town or county in which said 
offence is committed, and for want thereof in the common 
jail, for a term not exceeding three months for the first 
offence, and for a second offence, not exceeding six months. 
—Laws of 1883, c. 58. 

(1) Selectmen, from humanity even, when not required by any strictly official duty, 
should see to the enforcement of the several statute provisions for the protection of 
minors. It is held that if one voluntarily furnish support to an orphan child, having 
no contract with its deceased parent or his administrator, he cannot recover.-- Burns 
v. Madigan, 60 R. 197. On the other hand, one standing in the place of a parent (in 
loco parentis) to an infant may recover for losses in consequence of injuries resulting 
in death. — Whittaker v. Warren, 60 R. 20. Adoption of children. See Probate Law 
and Directory, p. 179. 

17. Humane society. Whenever it shall be made to 
appear to the judge of probate for any county in this state 
that any minor resident therein under the age of fourteen 
years is entirely abandoned, or treated with gross and habit- 
ual cruelty, or neglected in such a manner as to amount to 
cruelty, by the parents or other persons having custody of 
such minor, or that such minor is illegally deprived of lib- 
erty, said judge may appoint (1) as guardian of such minor 
the " New Hampshire Society for the Prevention of Cruelty 
to Children," for such period as he may think proper, and 
said society shall thereupon become entitled to the custody 
of such minor to the exclusion of any other- person whom- 
soever. Said judge of probate may, at any time, for good 
cause shown, revoke said decree. — Laws of 1879, c. 12, s. 4. 

(1) For form of application, see post s. 15 (1). 



GUARDIANSHIP AND PROTECTION OF MINORS. 337 

18. Complaint to police coukt. Upon complaint of 
said society that any child under the age of fourteen years 
has been abandoned, or treated in a gross and habitually 
cruel manner, or neglected in such a manner as to amount 
to cruelty, the judge of any police court may, within his 
jurisdiction, give the custody (1) of such child to said society 
for a period not exceeding sixty days, and the society may 
thereupon apply to the probate court for the guardianship 
of such child upon such notice as the judge of probate may 
order. And the judgment of any police court in giving 
custody of any child to said society shall be prima-facie evi- 
dence in the probate court of the abandonment or cruel 
treatment of such child. — Id., s. 2. 

(1) This section is meant to give summary relief by ordering the custody of the child 
to the society ; but the society, if it sees fit, can apply in the first instance under the 
preceding section. The form of such complaint may be as follows : 
To , Judge of the Police Court at Manchester, in the county of Hillsborough : 

The undersigned complains that T R, a minor child of , under fourteen years of 

age, now resident in said Manchester, has been abandoned, and treated in a gross and 
habitually cruel manner, and neglected in such a manner as to amount to cruelty by 

its parents [or by , having custody of such minor] : — Wherefore, they pray said 

judge to give the custody of such child to the undersigned, as provided by section two 
of chapter twelve of the Laws of 1879. 

Date and signature of society. The signing may be by attorney. 

19. Factory children. No minor under the age of 
fifteen years shall be employed in any manufacturing estab 
lishment more than ten hours in a day, in any labor, with- 
out the written consent of the parent or guardian of such 
minor first obtained. If any manufacturer or any corpora- 
tion, or the agent of any manufacturer or corporation, shall 
employ any such minor in violation of the provisions of this 
section, he or they shall be fined not exceeding one hundred 
dollars.— G. L.. c. 187, s. 15. 

20. None under ten years. By chapter twenty-one 
of the Laws of 1879, no child under the age of ten years 
shall be employed by any manufacturing corporation in this 
state ; and the statute imposes a fine on any agent, superin- 
tendent, or overseer in any corporation, who wilfully em- 

15 



338 GUARDIANSHIP AND PROTECTION OP MINORS. 

ploys or permits to be employed any child under that age; — 
the fine not less than twenty or more than one hundred 
dollars, to be one half to the complainant, and the other for 
the use of the county, but the prosecution must be com- 
menced within one year after the offence is committed. 

21. Showing ok exhibiting. Any person who shall 
employ or exhibit, or who shall sell, apprentice, or give away 
for the purpose of employing or exhibiting, any child under 
the age of fourteen years, in or for the vocation, occupation, 
service, or purpose of dancing, playing on musical instru- 
ments, singing, walking on a wire or rope, or riding or per- 
forming as a gymnast, contortionist, or acrobat in any circus 
or theatrical exhibition, or in any public place whatsoever, 
or who shall cause, procure, or encourage any such child to 
engage therein, shall be punished by a fine not exceeding 
one hundred dollars : Provided, however, that nothing in this 
act shall be construed to prevent the education of children 
in vocal and instrumental music, or their employment as 
musicians in any church, chapel, or school, or school exhibi- 
tion, or prevent their taking part in any concert or musical 
exhibition.— G. L., c. 269, s. 24. 

22. Admitting to saloons. No minor under the age 
of fourteen years shall be admitted at any time to, or per- 
mitted to remain in, any saloon or place of entertainment 
where any spirituous liquors, or wines, or intoxicating or 
malt liquors are sold, exchanged, or given away, or at places 
of amusement known as dance-houses and concert-saloons, 
unless accompanied by parent or guardian. Any proprie- 
tor, keeper, or manager of any such place, who shall admit 
such minor to, or permit him or her to remain in, any such 
place, unless accompanied by parent or guardian, shall be 
fined ten dollars. — Id., s. 23. 

23. Cigaeettes. No person shall knowingly sell any 
cigarette, or tobacco in any of its forms, to any minor 
under sixteen years of age ; and any person violating this 






ILLEGITIMATE CHILDREN. 339 

act shall be liable to a fine of twenty dollars for each and 
every such offence, to go to the county treasurer for the use 
of the county. — Laws of 1885, c. 60. 

24. Employed to circulate criminal news. This 
is prohibited by chapter ten of the Laws of 1885 under 
severe penalties. — See post c. 68, ss. 19-21. 



CHAPTER LIV. 

ILLEGITIMATE CHILDREN. 

1. Complaint by mother. If any woman is pregnant 
with a child, which, if born alive, may be a bastard, she 
may make complaint in writing, under oath, to any justice 
of the peace, against any man, charging him with having 
begotten such child ; and said justice may thereupon issue 
his warrant commanding the person so charged to be brought 
before some justice of the peace in and for the county in 
which the offence is alleged to have been committed, or in 
which the person so charged may reside. — G. L., c. 84, s. 1. 

(a) The object of this process is not in any degree the punishment of- an offence, but 
to compel security for the maintenance of the child, and is in substance and effect a 
civil proceeding, though its forms are in some particulars criminal.— 11 R. 156; 15 
R. 50; 6', K. 369. 

It is to be entered in court as a civil suit.— 29 R. 56; Digest, p. 98, s. 4. 

It is not necessary that the husband of a married woman should join with her in the 
comphunt.— 3 Allen 148; 15 R. 405; Digest, p. 98, s. 6. 

A new endorser will not be ordered upon the complainant's removal from the state, 
for the complaint is not an original writ within the meaning of the statute.— 12 Gray 
190; 5 R. 172. 

The defendant may appear by attorney, and a tri il be had in his absence, or judg- 
ment be rendered upon default.— 45 R. 274; Digest, p. 98, s. 5; 2 Greenl. 165. 

Defects in the warrant are not open, upon the trial in the court, under the general 
issue.— 2 Allen 402. Nor can it there be objected that he was unlawfully committed to 
jail.— 7 Allen 477. See also Digest, p. 98, s. 21. 

Where the complaint is by the mother, intermarriage of the parties will abate the 
suit as to her (36 Vt. 735) ; but the town may prosecute. 

(b) It is immaterial that the child was begotten out of the state if the parties have 
since become inhabitants of the state (13 Allen 472) ; but the court has no jurisdiction 
in such case if the complainant has continued to reside out of the state (9 Allen 459); 



340 ILLEGITIMATE CHILDREN. 

nor under our statute if the defendant does not reside in this state unless the child was 
begotten here. — See s. "13 (1). 

(c) As it is a civil suit, both parties may testify, and depositions may be taken and 
used.— 58 R. 292. 

It, has been held that the complainant is not bound to answer whether she had an 
illicit connection with another man about the same time. — 18 Maine 372; but see 4 R. 
562; 23 R. 348; Digest, p. 650, s. 215; 4 Allen 435. 

The defendant cannot give his good character in evidence. — 18 Maine 372. 

The defendant cannot be permitted to show that the plaintiff was in the habit of 
associating with men whose reputation was bad, except to prove paternity.— 4 Allen 435. 

It is held in Massachusetts that if the complainant is a married woman, the evidence 
must show beyond a reasonable doubt that the child could not have been begotten by 
her husband —3 Allen 148. 

In such case the complainant is not competent to prove non-access by her husband, 
but she may prove the criminal connection.— 15 R. 45; Digest, p. 98, s 15. 

The child may be exhibited to the jury (38 R. 108, Digest, p. 98, s. 19); but witnesses 
cannot be called to testify that in their opinion it resembled the defendant.— 16 Maine 
38; 4 Allen 435. The jury may find upon her testimony alone.— 3 Allen 481. 

2. Binding over. The justice before whom such per- 
son shall be brought, if he see fit, may order such person to 
recognize (1) in a reasonable sum, with sufficient sureties 
to the satisfaction of the justice, to appear at the trial term 
of the supreme court next to be holden within and for the 
county in which the offence is charged to have been com- 
mitted, to answer to such complaint, and abide the order of 
said court thereon, and in default thereof may commit him 
until such order is performed. — Id., s. 2. 

(1) The recognizance may be entered into verbally, the justice repeating according to 
the following form : 

"You , as principal, and you , as sureties, acknowledge yourselves in- 
debted to the state of New Hampshire in the sum of dollars, to be levied of your 

goods, chattels, lands, and tenements; and for want thereof on your bodies, if default 

be made in the condition following, which is, that the said shall appear at the 

trial term of the supreme judicial court, to be holden at in the county of , < n the 

— Tuesday of next, to answer to the complaint of , ( f in the county of 

, single woman, against said , sworn to before , a justice of the peace 

for the said county of , on the — day of instant, and abide the order of said 

court thereon. Are you content ?" To this question the obligors answer Yes, or other- 
wise assent. 

(a) The justice should at the time enter upon his docket, under the entry of the suit, 
thus : 

" Recognizance ordered in the sum of $ , and order complied with ; A B, C D, 

sureties." Or, if such is the fact, "Recognizance ordered in the sum of $ ; order 

not complied with; committed."— See 29 R. 530; Digest, p. 39, s. 21. An extended 
record may subsequently be made, as in s. 15 post. 

3. Entering in court. Said justice shall make a cer- 
tified copy of each paper in the case, and deliver the same 



ILLEGITIMATE CHILDREN. 341 

to the complainant, or return the same to court on or before 
the first (1) day of the term aforesaid ; and said complaint 
shall be entered at said term, and tried by the court, unless 
either party requests a jury, in which case it shall be tried 
by a jury, and the issue shall be chargeable or not chargeable. 
Id., s. 3. 

(1) A neglect to file the copies at the first term will not necessarily defeat the suit: 
the court may give time to supply the omission.— Digest, p. 497, s. 13; 2 Allen 402. 

4. Final order of court. If any man is found charge- 
able, the court shall order him to pay such sum as they 
deem reasonable to the mother of the child, or the select- 
men of the town liable by law for the maintenance of the 
child, to be applied for such maintenance, and also to pay 
costs of prosecution ; and may order him or the mother, or 
both, to give security to save such town harmless from all 
charge for the maintenance of the child. Any person who 
shall neglect or refuse to obey any such order may be com- 
mitted (1) until the same is obeyed. — Id., s. 4. 

(1) The recognizance before the justice is no security for the performance of such 
order, nor for the appearance of the party beyond the first term. — 27 R. 171 ; Digest, p. 
99, ss. 22-24 ; 10 Gray 249. It has been held that his appearance in court may be proved 
by parol.— 10 Gray 249. See Digest, p. 567, ss. 12, 13. 

5. If mother abandon complaint. If any woman, 
after having made her complaint, shall abandon the same, 
the town liable, (1) upon application to the court or justice 
in writing, made by their selectmen, agent, or attorney, shall 
be admitted to prosecute said complaint, a record whereof 
shall be made ; and all subsequent proceedings shall be the 
same as if said complaint had been instituted originally by 
such town. — Id., s. 5. 

(1) See posts. 6(1). 

(a) The form of the application may be,— 

At a justice court before , Esq., on the — day of , 18—. 

A B, complainant, v. C D, defendant. 

The said A B having abandoned her complaint, the town of , in which she 

dwells and has her home, being liable by law for the maintenance of the child in said 
complaint mentioned, prays to be admitted to prosecute the same. 

By their Attorney, etc. 



342 * ILLEGITIMATE CHILDREN. 

The entry upon the docket may be,— 

The said A B having abandoned her complaint, the town of is admitted to 

prosecute the same. 

6. Complaint by town. If the mother of a bastard 
child neglects or refuses to make complaint, or, having made 
complaint, neglects to prosecute the same in court, or shall, 
in the opinion of the selectmen of any town liable, (1) make 
a false complaint, any justice of the peace to whom com- 
plaint may be made by said selectmen, at any time before 
the expiration of one year from the birth of the child, 
against any man, charging him with having begotten such 
bastard, may issue his warrant, directing such person to be 
brought before some justice of the peace in the county in 
which the offence was committed or in which such offender 
may reside. — Id., s. 6. 

(1) Thq complaint may be made by the town in which the mother resides, whether 
she has a legal settlement there or not, and whether she is actually a pauper or not.— 
Hoitt v. Cooper, 41 R. 118; Warren r. Glynn, 36 R. 424. 

7. Security ordered. Such complaint shall be in the 
name of the town, and the proceedings thereon shall be the 
same in all respects as if the mother had complained. If 
found chargeable, the father shall be ordered to give secu- 
rity to save the town harmless from the maintenance of such 
child, pay all costs of prosecution, and stand committed until 
said order shall be performed. — Id., s. 7. 

8. Costs against town. When any town is a party 
to such prosecution, and the party accused shall be found 
not chargeable, he shall recover his costs against the town. 
—Id., s. 8. 

9. County commissioners. The county commissioners 
shall have the same power to institute, prosecute, and con- 
trol any such complaint, where the woman is or may be a 
county pauper, as selectmen of towns have in the case of 
town paupers ; and the county shall be liable for costs when 
the accused is found not chargeable. — Id., s. 9. 

10. Discharging from jail. If any person committed 



ILLEGITIMATE CHILDREN. 843 

to prison by virtue of tins chapter is poor and unable to pay 
such sum, or to procure such security as may be ordered, 
any justice of the supreme court, on application in term 
time or vacation for that purpose, may discharge such per- 
son from imprisonment at such time and upon such terms 
as he thinks expedient. — Id., s. 10, as amended by c. 2 of 
the Laws of 1879. 

11. Escaping. Whenever a warrant shall be issued by 
any justice, and the person charged therein shall, either be- 
fore or after the issuing thereof, escape or go out of the 
county, the sheriff thereof or his deputy, or any constable 
of the town to whom such warrant shall be directed, may 
pursue such person, and apprehend him in any county, and 
carry him before any justice in the county in which he was 
apprehended for examination. — Id., s. 11. 

12. Warrant upon. If it appear to said justice that 
said warrant was duly issued, and that such person did 
escape or go out from such other county as aforesaid, he 
shall thereupon issue his warrant, (1) directed to such 
sheriff, deputy, or constable, commanding him to carry such 
person before some justice in the county from which he had 
so escaped or gone out, for trial, that such further proceed- 
ings may be had thereon as the law requires. — Id., s. 12. 

(1) The form of warrant may be, — 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

ss. To [here insert the name of the officer making the arrest, describing him 

as in the original warrant]. 

Whereas it has been made to appear to me, a justice of the peace for said county of 

, that the warrant hereto annexed was duly issued by the justice therein named, 

and that , the person charged therein after the issuing thereof, escaped out of the 

county of therein mentioned into the said county of , and in said last men- 
tioned county was apprehended by you, the said , by virtue of the warrant afore- 
said, and brought before me for examination; we command you, in the name of the 

said state, to carry said before some justice of the peace in the county of — 

aforesaid for trial, that such further proceedings may be had thereoa as the law re- 
quires. Hereof fail not. 

Given under my hand and seal this — day of , 18—. 

, Justice of the Peace. 

13. A COMPLAINT BY THE MOTHER may be, — 



344 ILLEGITIMATE CHILDREN. 

To , a Justice of the Peace in and for the county 

of : (1) 

A B, of , in the county of — , single woman, 

complains that she is now pregnant with a child, which if 
born alive may be a bastard, and that said child was begot- 
ten by , of the town of in the county of 

, shoemaker, on the — day of last, at 

in the county of ; wherefore she prays that the said 

may be held to answer to this complaint, and 

be required to pay such sum as shall be reasonable for the 
maintenance of such child, and give security to save the 
town or county liable by law for the maintenance of such 
child harmless from all charge for the maintenance of the 
same, and pay costs of prosecution. 



G ss. Then the said A B made oath that the fore- 
going complaint by her signed is, in her belief, true. 
Before me, 

, Justice of the Peace. 

(1) The complaint may be made to any justice of any county in the state.— See s. 
14 (2) post s. 1 (b) ante ; 6 Greenl. 400. 

(2) If the county is the same, the words said county are sufficient without repeating 
the name ; and so in respect to the town. 

14. A warrant following such an application may be, — 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

Gr ss. To the Sheriff of said county, or his Deputy, 

or any Constable of the town of , in said county: 

Pursuant to the foregoing complaint, under oath to me, a 

justice of the peace in and for said county, by , 

of the county of , (1) single woman, against 



, of in the county of , shoemaker, we 

command you, in the name of said state, to apprehend the 

said , and bring him before (2) some justice of the 

peace for the said county of , to answer to said com- 
plaint. Hereof fail not. 



ILLEGITIMATE CHILDREN. 345 



Given under my hand and seal (3) this — day of 
18—. 



, Justice of the Peace. 

(1) See s. 13 (2). 

(2) It would seem from ss. 11, 12 ante that no constable or sheriff has any authority 
to make the arrest out of his precinct, except in the cases and in the manner stated in 
those sections; but when an arrest has been made within his precinct the officer may 
pass through any town or county in order to bring the defendant before the justice as 
required by the warrant. 

If the counties are different, as where the offence is committed in the county of M 
and the offender resides in the county of H, the warrant may be returnable " before 
some justice of the peace of the said county of M, or of said county of H." 

The officer should not bring the defendant before a justice residing in the town liable 
for the maintenance, but the defendant may waive the objection.— 38 R. 108; Digest, p. 
98, s. 21. 

(3) A seal is usual, but not necessary.— 21 R. 425; Digest, p. 600, s. 118; 24 Barb. (N. 
Y.) 215. 

(a) The officer's return may be,— 

G ss. , 18—. I have apprehended the within named , and now 

have him before , a justice of the peace for said county. 

, Deputy Sheriff. 

15. The form of an examination and order may be, — 

G ss. Be it remembered, that on the — day of , 

18 — , A B, of in the county of , single woman, 

made a complaint in writing, under oath, to , a 

justice of the peace in and for the county of , against 

, of in said county, shoemaker, charging him 

with having, on the — day of , 18 — , at in the 

county of , begotten a child of which she was and is 

pregnant, and which if born alive may be a bastard, and the 

said , on this — day of , 18 — , was brought 

before me, a justice of the peace in and for the county afore- 
said, by virtue of a warrant by issued upon said com- 
plaint, and after hearing the proofs and allegations of the 
said parties, it seemed to me fitting, and I therefore ordered, 

that the said recognize in the sum of dollars, 

with sufficient sureties, to appear at the trial term of the 

supreme court, to be holden at in the county of , 

on the Tuesday of next, to answer to said com- 
plaint, and abide the order of said court thereon ; and said 

having neglected to perform (1) said order, it is 

*15 



346 ILLEGITIMATE CHILDREN. 

further ordered that he be committed to the common jail in 
said county of , there to remain until said order be per- 
formed. , Justice of the Peace. 

(1) If sureties were furnished, instead of the words in italics insert the following: 

and thereupon said , as principal, and , of in the county of , 

as sureties, acknowledged themselves indebted to the state of New Hampshire in the sum 

of dollars, to be levied of their goods, chattels, lands, and tenements, and for want 

thereof on their bodies, if default be made in the condition following, which is, that 

the said shall appear at the trial term of the supreme court, to be holden at 

in the county of , on the Tuesday of next, to answer to the said com- 
plaint, and abide the order of said court thereon. 

(a) The form of a mittimus to commit to jail may be,— 

[L. S.] THE STATE OF > T EW HAMPSHIRE. 

ss. To the Sheriff of said county or his Deputy , or either of the Constables of in 

said county : 

* "Whereas, on the day of , 18—, A B, of in the county of , a single 

woman, made a complaint in writing, under oath, to [me], a justice of the peace in and 

for the county of , against , of in said county, shoemaker, charging 

him with having, on the day of , 18 — , in the county of , begotten a child, 

of which she was and is pregnant, and which if born alive may be a bastard, and the 

said , on the day of , 18—, was brought before me, a justice of the 

peace in and for the county aforesaid, by virtue of a warrant issued by [me] upon said 
complaint, and after hearing the proofs and allegations of the said parties, it seemed 

to me fitting, and I therefore ordered, that the said recognize in the sum of 

dollars, with sufficient sureties, to appear at the trial term of the supreme court, to 

be holden at in the county of , on the Tuesday of next, to answer to 

said complaint, and abide the order of said court thereon,* and said , having 

neglected to perform said order, you are commanded to take and convey the said 

to the common jail in the county of , and deliver him to the keeper thereof; 

and the said keeper is required to receive him into his custody in said jail, and him 
there safely keep until he recognize as aforesaid, or be discharged by due course of law. 

Hereof fail not. 

Given under my hand and seal this — day of , 18—. 

— , Justice of the Peace. 

16. Recognizing before another justice. When 
the recognizance is entered into before another justice, the 
record of the justice before whom it is taken may be as fol- 
lows : 

Be it remembered, that on this day of , 18 — , 

, of in the county of , as principal, and 

, of in said county, as sureties, acknowledge 

themselves indebted to the state of New Hampshire in the sum 
of dollars, to be levied on their goods, chattels, lands, and 

*The recital from " Whereas'' to the word "thereon" will correspond with the rec- 
ord of examination, with such changes only as are necessary to the sense and grammat- 
ical construction. 



ILLEGITIMATE CHILDREN. 347 

tenements, and for want thereof on their bodies, if default be 

made in the condition following, which is, that the said 

shall appear at the trial term of the supreme court, to 



be holden at in the county of , on the Tues- 
day of next, to answer (1) to the complaint of 

, of in the county of , a. single woman, against 



the said , sworn to before , Esq., a justice 

of the peace in and for the county of , on the day 

of last. , Justice of the Peace. 

(1) The record need not recite the previous proceedings if it so r*fer to the complaint 
intended as to identify it beyond question ; for although it has been held elsewhere 
that the recognizance must show the cause of taking (9 Mass. 520, 13 Met. 181, 5 Cu*h. 
446), yet, by s. 15, c. 259, no action on any recognizance shall be defeated for any defect 
in the form of the recognizance. See, also, 29 R. 530; Digest, p. 39, s. 21. 

The recognizance itself may be entered into verbally, as ante p. 340, s. 2 (1). 

17. A complaint by the town may be, — 
To , a Justice of the Peace for the county of .* 

The town of , in said county, complains that 

, of said town, single woman, is now(T) pregnant with a 

child, which if born alive may be a bastard, and said town is 
by law liable for the maintenance of such child ; said child 

was begotten by , of the town of in the 

county of , to wit, at in the county of , on 

the day of last, but the said refuses (2) 

to make a complaint against him as provided by statute ; — 

wherefore the said town prays that said may be 

held to answer to this complaint, and be required to pay 
such sum as shall be reasonable for the maintenance of such 
child, and give security to save said town harmless from all 
charge for the maintenance of the same, and pay costs of 
prosecution. 

Town of . By ) Selectmen 

. of 

) said town. 

B ss., , 18 — . Personally appeared 

and , selectmen of the town of , and made 

oath that the foregoing complaint is in their belief true. 

Before me, , Justice of the Peace. 



348 INSANE PERSONS AND SPENDTHRIFTS. 

(1) If the complaint is made after the birth of the child, omit the words in italics in 
the above form, and insert " on the day of last, at in said town, was de- 
livered of a child, which is living and is a bastard." 

(2) If the complaint was made and abandoned, omit the words in the above form 

"but the said refuses to make a complaint against him,'' and insert instead 

" yet although the said has heretofore made a complaint against the said 

, charging him with having begotten said child, yet she has neglected to prosecute 

the same in court." 

If she has made a false complaint, the same words may be omitted, and instead in- 
sert " and said has heretofore made a complaint against one of , 

charging him with having begotten said child, which complaint, in the opinion of the 
selectmen of said town, is false. 

18. Legitimating. Where the parents of children born 
before marriage afterwards intermarry and recognize such 
children as their own, such children shall inherit equally 
with their other children under the statute of distribution, 
and shall be legitimate. — G. L., c. 180, s. 15. 



CHAPTER LV. 

INSANE PERSONS AND SPENDTHRIFTS. 

1. Guardianship of insane. Upon application of any 
relative or friend of any insane person, or of the overseers 
of the poor of the town where he lives, made to the judge of 
probate for the county, that a guardian may be appointed 
over such person, the judge shall cause inquisition, (1) with 
notice, to be made by three suitable persons by him ap- 
pointed. — G. L., c. 186, s. 1. 

(1) It is not deemed expedient to give a warrant to make inquisition, as the judge of 
probate will use such form as he thinks best. See, however, Probate Law and Direc- 
tory, p. 248 (a). 

(a) An application may be as follows : 
To the Judge of Probate for the county of : 

The undersigned, overseers of the poor of the town of in said county, repre- 
sent that , who is living in said town, is an insane person, and stands in 

need of a guardian, and they pray that a guardian may be appointed over him. 

Dated at said , this day of , 18—. 



Overseers of 
the Poor of 



INSANE PERSONS AND SPENDTHRIFTS. 349 

(b) Notice. The committee, having received their warrant, should give notice to the 
selectmen, and to the party to be examined, a reasonable time before the day appointed. 

The form of such notice may be as follows : 

To , of the town of in the county of : 

Pursuant to a warrant from the judge of probate of said county (a copy of which is 

hereto annexed;, we will make inquisition as therein required, on the — day of 

next, at — o'cloc'c in the noon, at in said town. 

Dated at said , this — day of , 18—. 

AB,) 

C D, [ Committee. 

E F, ) 

(c) The committee as a board should make a personal examination, and in the pres- 
ence of those interested if practicable, in order to determine the incompetency. In 
many cases there can be no difficulty in ascertaining the fact. But in some cases there 
may be doubt. The state of a man's mind can be known only from what he does and 
from what he says. Generally a conversation for a short time will be sufficient. "When 
that is not satisfactory, inquiry should be made into his conduct and the management 
of his affairs. 

(d) Opinions. These are not limited to medical men, but the weight to be given to 
them must depend very much upon the opportunities which the person testifying has 
had to form a judgment, and his own fitness. The true inquiry is not whether insane 
in the popular sense, but whether there is such mental incompetency, either from sick- 
ness, old age, imbecility, or other mental infirmity, that the party, by reason of such 
incompetency, is incapable of managing his affairs with understanding and reason. 
See Probate Law and Directory, pp. 246-249; aide p. 3, s. 17. 

2. Decree of insanity. If, upon the return (1) of 
such inquisition and due examination had, it is decreed that 
such person is insane, the judge shall appoint a guardian 
over him ; but no such decree or appointment shall be made 
until he has been cited to appear and show cause against 
the same. — Id., s. 2. 

(1) Where the wife is insane, the husband, if he desires and is a suitable person for 
the trust, will be preferred to a third person.— Drew's Appeal, 57 R. 181. The reason- 
able wishes of the person himself should always be consulted when the case admits; 
for a man may be so insane in the legal sense of the word, as to be a fit subject for 
guardianship, and yet have a sensible opinion as well as a strong feeling as to the per- 
son to be placed over him.— See Probate Law and Directory, pp. 249, 250. 

3. Spendthrifts. Any person who, by excessive drink- 
ing, gaming, idleness, debauchery, or vicious habits of any 
kind, (1) so wastes, spends, or lessens his estate, or so neg- 
lects to attend to any business of which he is capable as to 
expose himself or his family, or any of them, to want or 
suffering, or the town to which he belongs, in the judgment 
of the selectmen of the town in which he resides, to expense 
for the support of himself or any of his family, shall be 
deemed a spendthrift. — Id., s. 3. 



350 7\Z INSANE PERSONS AND SPENDTHRIFTS. 

(1) Under this section the evidence must show the party a spendthrift within this 
definition of the term.— Morey's Appeal, 57 R. 54. 

4. Guardianship of. Upon complaint thereof in writ- 
ing, made to the judge of probate for the county where such 
person resides, by said selectmen, or by any of his relatives, 
said judge shall appoint a day of hearing, and if, upon due 
notice and examination had, it appears that such person is 
a spendthrift, said judge shall appoint a suitable person to 
be his guardian.— Id., s. 4. 

(a) A complaint by the selectmen may be as follows: 
To the Judge of Probate for the county of : 

S T, W S, and I T, selectmen [the major part of the selectmen] of the town of 

in said county, complain that , who resides in said town, is a spendthrift, 

and that said , by excessive drinking and idleness, so neglects to attend to 

any business of which he is capable, and so wastes, spends, and lessens his estate as to 
expose himself [and his family] to want and suffering, and in the judgment of s ; .id 
selectmen, expose the town to which he belongs to expense for the support of himself 
[aud family]. 

Wherefore your petitioners pray that a suitable person may be appointed to be his 
guardian. 

Date and signature. 

(b) As one may be a spendthrift without being a drunkard , another form of com- 
plaint may allege after the word spendthrift, as follows : 

And that said so neglects to attend to any business of which he is capable 

as to expose himself [and his family] to want and suffering, and in the judgment of said 
selectmen, expose the town to which he belongs to expense for the support of himself 
[and family]. Wherefore, etc. 

See, also, Probate Law and Directory, p. 251. 

5. Guardian to give notice. Every guardian of an 
insane person or spendthrift shall immediately upon his 
appointment give public notice (1) thereof in some news- 
paper circulated in the vicinity, or in such newspaper as the 
judge shall direct, and in all cases post a notification thereof 
in the town where his ward resides. — Id., s. 5. 

(1) The form of notice may be as follows : 

GUARDIANSHIP. 

The undersigned hereby gives notice that he has been duly appointed guardian of 

, of the town of , as an insane person [a spendthrift], and has given bond 

according to law. 

Dated at said , this of , 18—. 



(a) Other duties. These will be found in his commission, and in the statute.— See 
Probate Law and Directory, p. 252, 255. By c. 47 of the Laws of 1885, he is required as 
often as once in three years to settle his guardian account, and if he neglect for four 
years to settle, his trust shall be revoked. 



INSANE PERSONS AND SPENDTHRIFTS. 351 

6. Void contracts. No bargain or sale of real or per- 
sonal estate, and no contract of any nature whatever, made 
by a person under guardianship, after the appointment and 
during the continuance of such guardianship, shall be valid 
in law.(l) 

(1) The statute, however, does not avoid a contract for necessaries. — Digest, p. 391, 
ss. 10.11; 59 R. 356. 

A new promise by the ward while under guardianship will not take the case out of 
the statute of limitations (13 Pick. 206); but it may be otherwise of a new promise by 
the guardian.— -Id. ; 12 Cush. 829. See Digest, p. 392, s. 24. 

In general the ward is not liable upon any contract made by the guardian, but the 
guardian is himself liable in his private capacity. — 11 R. 51 ; 5 Mass. 301 ; 6 Mass. 59 ; 1 
Pick. 317. See also Digest, p. 391, II. 

7. Sales after copy left. No such bargain, sale, or 
contract (1) shall be valid if made after an attested copy of 
any complaint presented to a judge, upon which a guardian 
shall be appointed, and of the order of notice thereon, shall 
have been filed with the clerk of the town in which the per- 
son complained of resides, unless the guardian, by an instru- 
ment under his hand and seal, afterward approve and ratify 
the same — Id., s. 9. 

(1) This should not be construed to prevent the procuring of necessaries to a reason- 
able amount and at reasonable prices (59 R. 356, 8 R. 571) ; and it would be the duty of 
the guardian to ratify such contracts. 

8. Purchase of homestead. The judge may, on peti- 
tion after notice, license the guardian of any insane person 
or spendthrift, who has a family, to purchase with the funds 
of his ward real estate situate in this state, as a home- 
stead (1) for his ward and his family. — Id., s. 12. 

(1) For requisites, form of petition, and oath, see Probate Law and Directory, p. 
254.— G. L., c. 186, ss. 13, 14. 

9. Certificate of selectmen. No purchase of a home- 
stead under such license shall be valid as to such ward un- 
less the guardian shall procure and file in the probate office 
where such license is granted, before completing the pur- 
chase, the certificate (1) in writing of the selectmen of the 
town in which such ward resides, describing the real estate 
proposed to be bought, giving their estimate of its value, 



352 INSANE PERSONS AND SPENDTHRIFTS. 

and stating their belief that such purchase would be for the 
advantage of the ward. — Id., s. 15. 

(1) The certificate may be as follows : 
To the Judge of Probate for tbe county of : 

We certify that we are acquainted with a tract of land, and the buildings thereon, in 

the town of in said county [describe it], the same proposed to be purchased by 

the guardian of , of , as a homestead for his ward and family, and that 

such purchase would, in our belief, be for the advantage of the said ward. We con- 
sider that said real estate is worth dollars or more. 

Witness our hands this - — day of , 18—. 

Selectmen 
of 



10. Dangerously insane. If any insane person is in 
such condition as to render it dangerous that he should be 
at large, the judge of probate, upon petition by any person, 
and such notice to the selectmen of the town in which such 
insane person is, or to his guardian, or any other person, as 
he may order, — which petition may be filed, notice issued, 
and a hearing had in vacation or otherwise, — may commit 
such insane person to the asylum. — G. L., c. 10, s. 12. 

(a) Selectmen and overseers of the poor have not, ex-offlcio, any right to control and 
restrain the person of a lunatic— 12 R. 526; Digest, p. 611, ss. 124, 125. 

The plaintiff being insane, and it being dangerous to permit him to be at liberty, the 
defendant, one of the selectmen of the town, confined him. A warrant was issued 
and the selectmen made inquisition, and declared their opinion that the plaintiff was 
insane, but made no return of the inquisition to the judge of probate, and no further 
proceedings ioei^e had, but the defendant continued the confinement. Held, a trespasser, 
ab initio. — Id. 

No one has a right to confine an insane person for an indefinite period until he shall 
be restored to reason, but only under the sanctions and upon compliance with the for- 
malities of the law.— Id. ; Digest, p. 613, ss. 16, 17. 

If a person be so insane that it will be dangerous to suffer him to be at liberty, any 
person may, from the necessity of the case, without a warrant, confine him for a reason- 
able time, until proper proceedings can be had for the appointment of a guardian. 

(b) The form of petition may be as follows:— 
To the Judge of Probate of the county of : 

A B, of the town of in said county, represents that C D, of said town, is an in- 
sane person, and is in such condition as to render it dangerous that he should be at 
large. 

Wherefore the said A B prays that said C D may be committed to the asylum for the 
insane. 

Dated at said , this — day of , 18—. 

AB. 

11. If in jail. If any insane person is confined in any 
jail, the supreme court may order him to be committed to 
the asylum, if they think it expedient. — Id., s. 13. 



INSANE PERSONS AND SPENDTHRIFTS. 353 

12. Insane paupers. Any insane pauper supported by 
any town may be committed to the asylum by order of the 
overseers (1) of the poor, and there supported at the ex- 
pense of such town ; and such expense may be recovered by 
such town of the county, town, or person chargeable with 
the support of such pauper in the same manner as if he had 
been supported in and by the town. — Id., s. 14. 

(1) But only upon certificate. — See s. 16 post. 

13. County paupers. If the overseers neglect to make 
such order in relation to any insane county pauper, the su- 
preme court, (1) or any two judges (2) thereof, in vacation, 
may order such pauper to be committed to the asylum, and 
there supported at the expense of the county. — Id., s. 15. 

(1) Any one may apply for such an order. 

(2) There should he a certificate as post s. 16. 

(a) The form of petition, if in vacation, may be as follows : 
To and , two of the Justices of the Supreme Court : 

A B, of the town of in the county of , represents that C D of said town 

is an insane county pauper, and is in such condition that it is necessary and proper that 
he he committed to the asylum for the insane ; but the overseers of said town have neg- 
lected and still neglect to commit him to said asylum. 

Wherefore, the said A B prays said justices to order said pauper to be committed to 
said asylum, and there supported at the expense of the county. 

Dated at said , this — day of , 18—. 

A B. 

(b) If the petition is to the court, the form may be,— 
M ss. To the Supreme Court : 

A B, of in said county, represents, etc. 

(c) Upon the foregoing petition, and it appearing that said C D is in such condition 
as to make it necessary and proper that he be committed to the asylum for the insane 
at Concord, it is hereby ordered that he be committed to said asylum, and there sup- 
ported at the expense of the county. 

14. State support. Any insane person committed to 
the asylum by order of the supreme court, such person hav- 
ing been charged with an offence the punishment whereof 
as prescribed by law is death or confinement in the state 
prison, shall, during his confinement in the asylum for the 
insane, be supported therein at the expense of the state. 
Any insane person committed to the asylum by any court, 
except as herein provided, or by any judge of probate, shall 



354 INSANE PERSONS AND SPENDTHRIFTS. 

be supported by the county (1) from which he was com- 
mitted. — Id., s. 16. 

(1) But see also post s. 19. 

15. Concord NOT to be liable. The parent, guardian, 
or friends of any insane person may cause him to be com- 
mitted (1) to the asylum, with the consent of the trustees, 
and there supported on such terms as they may agree ; but 
the city of Concord shall not, in any case, be liable for the 
support or maintenance of any person committed to said 
asylum, except from said city. — Id., s. 17. 

(1) See post s. 16. 

16. Certificate of physician. No person shall be 
committed to the asylum for the insane, except by the order 
of the court or the judge of probate, without the certifi- 
cate (1) of two reputable physicians that such person is 
insane, given after a personal examination made within one 
week of the committal ; and such certificate shall be accom- 
panied by a certificate from a judge of the supreme court or 
court of probate, or mayor, or chairman (2) of the select- 
men, testifying to the genuineness of the signatures and the 
respectability of the signers. — Id., s. 18. 

(1) See observations upon this section, and directions and forms in the Probate Law 
and Directory, p. 256. 

(2) We certify that we have this day made a personal examination of of — , 

and that he is insane. 

Date and signatures of physicians. 

I certify that -, , the signers of the above certificate, are reputable and 

respectable physicians, and that their signatures to said certificate are genuine. 

! Chairman of / 
Selectmen of) 

17. County when liable. Any insane person com- 
mitted to the asylum by his parent, guardian, or friends, 
who has no means of support and no relatives of sufficient 
ability chargeable therewith, and no settlement in any town 
in this state, and who is in such condition that his discharge 
therefrom would be improper or unsafe, shall be supported 
by the county from which he was committed. — Id., s. 19. 



INSANE PERSONS AND SPENDTHRIFTS. 355 

18. Notice to county. When the means of support 
of any inmate of the asylum shall fail or be withdrawn, the 
superintendent of said asylum shall immediately cause no- 
tice in writing of that fact to be given to one of the county 
commissioners of the county from which such inmate was 
committed ; and such county shall be liable and holden to 
pay to said asylum the expense of the support of such inmate 
from and after the service of such notice, and for ninety 
days next prior thereto. — Id., s. 20. 

19. Town when liable. The county paying the ex- 
pense of the support of any inmate shall be entitled to re- 
cover the amount so paid of any town, (1) county, or individ- 
ual by law liable for the support of such inmate. — Id., s. 21. 

(1) No pauper notice is necessary in such a case, and it is no defence for the action 
that the town was not notified of the proceedings in the probate court. — County v. Con- 
cord, 39 R. 213. 

20. Discharging- from asylum. Any person commit- 
ted to the asylum may be discharged by any three of the 
trustees, or by any justice of the supreme court, whenever 
the cause of commitment ceases, or a further residence at 
the asylum is, in their opinion, not necessary ; but any per- 
son so discharged who was under sentence of imprisonment 
at the time of his commitment, the period of which shall not 
have expired, shall be remanded to prison. — Id., s. 22. 

21. Stationery. It shall be the duty of the superinten- 
dent to furnish stationery to any person who may desire it, 
and transmit -any letter such patient may address to the 
board of trustees to such member as said board shall have 
designated to receive such correspondence, and all such let- 
ters shall be promptly transmitted without inspection — Id., 
s. 24. 

•22. Duty of trustees. By the twenty-third section of 
said chapter some one of the board of trustees shall, without 
previous notice, visit the institution at least twice every 
month, hear statements of patients, examine into treatment, 
and make report for such action as the case calls for. 



356 SETTLEMENT OF PAUPERS. 

CHAPTER LVI. 

SETTLEMENT OF PAUPERS. 

1. Since 1870. No town shall be liable for the support 
of any person, unless he, or the person under whom he de- 
rives a settlement, shall have wholly gained a settlement 
therein since the first day of January, eighteen hundred and 
seventy. — Laws of 1883, c. 80. 

(a; By previous statutes tl e period bad been limited first to January 1, 1796, and then 
to January 1, 1820, then to January 1, 1840, and then to January, 1860. The effect of 
these statutes was to abolish all settlements previous to the time stated, and all paupers 
who lose a settlement thereby become a county charge.— Digest, p. 515, ss. 75-79. 

(b) The act of 1861 (which took effect September 15, 1861) would not affect suits then 
pending, nor a case where supplies had been furnished, and notice given prior to that 
time.— Digest, pp. 161, 162, ss. 99, 108; 44 R. 113. 

(c) The laws in force since January 1, 1840, have been the Act of December 16, 1828, 
Rev. Sts., c. 65; the Acts of 1861, c. 2482 and c. 2483; Gen. Sts., c. 73; the Act of 1868; 
that of June 30, 1875; G. L., c. 81 ; and Act of 1883, c. 80. 

Besides the nine modes of gaining a settlement given in the General Statutes of 1867, 
a settlement until July 4, 1861 (c. 2482), might have been gained by being admitted as 
an inhabitant, and serving one year in a town office; but all such settlements were in 
effect abolished by the act of 1861, and no previous settlements were thereby revived. — 
Digest, p. 515, ss. 75-59. 

In determining whether a settlement has been gained since January 1, 1870, it may 
for all practical purposes be assumed that the law has been all along as It is now, ex- 
cept as otherwise noted in this chapter. 

(d) A settlement since January 1, 1870, by the division of a town, as the law has been 
held under a similar act, does not meet the requirements of this statute.— 43 R. 606; 20 
R. 457. 

2. Old settlement until new one gained. Every 
settlement shall continue until a new settlement is gained in 
this state ; and upon gaining such new settlement, any for- 
mer settlement shall be lost. — G. L., c. 81, s. 7. 

(a) The legislature have power by a general law to change existing settlements, but 
not to affect a vested private right, as where supplies have been furnished, and notice 
given before the change in the law.— 44 R. 113; 2 R. 102; Digest, p. 161, s. 99, p. 162, s. 
108. See ante s. 1 (b). 

3. Married women. A married woman shall have the 
settlement of her husband, if he has or shall acquire any 
within this state ; otherwise, her settlement at the time of 
her marriage shall continue. — G. L., c. 81, s. 1. 






SETTLEMENT OF PAUPERS. 357 

(a) When a marriage takes place between a female pauper of one town and a male 
pauper of another towu, the settlement of the female is changed to the latter town, if 
the paupers have entered into the marriage contract without force, fraud, bribery, or 
any undue influence on the part of the former town.— 2 R. 263; Digest, p. 516, ss. 84, 85; 
4 Allen 458. 

The marriage of a pauper, whose settlement is in controversy, or that of any ancestor 
from whom the settlement is alleged to have been derived, may be impeached by any 
interested town or third party, by showing that it was fraudulently obtained, or that 
the parties were incapable of legally making such contract. — 44 R. 589; Digest, p. 466, 
8. 20 ; but see 2 R. 263. 

After the female had charged the male pauper with being the father of an illegiti- 
mate child, with which she was then pregnant (a contract to marry having been made, 
and the bans published), held, that it was not a fraud, or any other offence, for a select- 
man of the town in which the female was settled to advise concerning the solemniza- 
tion of the marriage, and to go for a clergyman to perform the ceremony.— Digest, p. 
516, s. so. 

(b) It makes no difference that the marriage was solemnized without this state, nor 
what was the age of the parties, if competent to contract.— 9 Mass. 203; 12 Mass. 363. 

The age of consent in this state is twelve for the female and fourteen for the male. — 
G. L., c. 180, s. 14. 

(c) The settlement of the wife, until a divorce, follows that of the husband, notwith- 
standing an abandonment or separation for any cause, unless the wife, as she may in 
this state, gain a settlement in her own right by the ownership of property, and the 
payment of taxes thereon.— 18 Maine 228; 53 Maine 59; 17 Vt. 493. 

(d) The party who would avoid the effect of an apparently legal marriage has the 
burden of proof to show the facts that invalidate it. — 48 Maine 205, 210 ; Digest, p. 
331 (e). 

But if a prior marriage is shown, the burden of proof is shifted, and no presumption 
of innocence is sufficient for this purpose.— Id. ; 1 Pick. 506; 6 Maine 148; 7 Met. 472; 
Digest, p. 330 (c). 

(e) Cohabitation, acknewledgment, and reputation of marriage, which in all civil 
actions are upon general principles evidence of a marriage, are, if continued three 
years, and until the death of one of the parties, by Gen. Laws, c. 180, s. 16, made con- 
clusive. 

The statutes cannot have a retroactive effect; hence, when all the facts of cohabita- 
tion and reputation occurred prior to March 1, 1843, such facts are only evidence to be 
weighed by the jury.— 19 R. 256; Digest, p. 466, s. 14. 

(f) A divr rce, unless for a cause which shows that the marriage was never valid, can- 
not defeat a settlement acquired before the divorce.— 45 R. 423; 53 Maine 54; 13 Maine 
225; 9 Mass. 203. 

(g) Minors. The marriage of a minor will prevent her taking an after-acquired set- 
tlement of her father.— Fremont v. Sandown, 56 R. 300. 

4. Children. Legitimate children shall have the settle- 
ment of their father, if any he has within this state, — other- 
wise the settlement of their mother, if any she has, — until 
they gain a settlement of their own. 

Illegitimate children shall have the settlement of their 
mother, at the time of their birth, if any she has within the 
state.— G. L., c. 81, s. 1, n, in. 



358 SETTLEMENT OF PAUPERS. 

(1) They do not take her a/ter-acquired settlement.— 3 R. 316; Digest, p. 515, s. 74; 
52 Maine 216, 219 ; 35 Maine 411 ; 7 Maine 270 ; 5 Maine 123. See post (c). 

(a) If a person having a settlement in this state remove into another state and there 
have children horn unto him, they take his settlement upon coming here.— 8 R. 532; 
Digest, p. 515, s. 70; 31 Vt. 459, 466. 

(b) A child having a settlement by its father cannot upon his death acquire the set- 
tlement of the mother, but retains the former settlement.— 8 Cush. 528; 7 Pick. 140; 
29 Vt. 396. 

(c) Divorce. See 13 post. Emancipation. See s. 12 post. 

(d) Marriage. See ante s. 3 (1). 

5. Four years' residence. Any person (1) of the age 
of twenty-one years, having real estate of the value of one 
hundred and fifty dollars, or personal estate of the value of 
two hundred and fifty dollars, in the town where he dwells 
and has his home, and paying all taxes duly assessed on 
him and his estate for four years in succession, shall there- 
by gain a settlement in said town. — G. L., c. 81, s. 1, iv. 

(1) This applies to married women.— Laws of 1868, c. 1, s. 20; 37 R. 437; 45 R. 423; 
ante s. 3 (c). 

And to a non compos, or insane person.— 37 R. 437; Digest, p. 514; 45 R. 423; Digest, 
p. 427, s. 5; 51 Maine 542; 48 Maine 332; 45 Maine 537; 33 Maine 193; 24 Maine 112; 6 
Allen 510. (It may be otherwise if such person has not mental power enough to choose 
a home, and no guardian.— Andovtr v. Merrimack County, Dec. Law Term, 1872.) 

And to an unnaturalized foreigner.— 30 Maine 520; 3 Maine 455; 30 Vt. 722, 728. 

(a) It is immaterial what time in the year the ownership commenced, if continued 
four years from that time.— 37 R. 438; 46 R. 14; Digest, p. 514, s. 39. 

But it is not enough that the individual was taxed, and paid the tax upon the estate 
of the required amount, if he parted with his title before the full term of four years. — 
3. R. 378; Digest, p. 514. 

(b) He must have had real estate of the value of $150 four years, or personal estate 
of the value of $250 four years. It is not enough that he had $150 of real estate for a 
part of the time, and $250 of personal estate for the remainder of the four years.— 36 
R. 395; Digest, p. 514, s. 38. 

(c) A contract for personal support, although secured by a mortgage, is not either 
real or personal estate within the meaning of the statute, and will not give a settle- 
ment.— 36 R. 371; Digest, p. 184, s. 331. But a contract in writing entitling the prom- 
isee, upon the payment of a certain sum, to a deed of real estate, or else to damages, 
will give him a settlement if his interest is of the required value.— 7 R. 250; 11 R. 571; 
Digest, p. 514, s. 45. 

A person entitled to a share of a deceased person's estate, of sufficient value, may 
gain a settlement thereby, though there has been no decree of distributi©n.— 37 R. 438; 
Digest, p. 514, s. 48. 

(d) A. freehold interest was formerly held to be requisite, but by s. 21 of c. 1 of the 
Laws of 1868, the words " real estate " in the settlement act " shall include lands, tene- 
ments, hereditaments, and all rights thereto and interests therein;" see, also, s. 17 
post. 

But a tenancy at will is not real estate.— 24 R. 484; 11 Cush. 292. 

Possession is evidence of title.— 20 R. 505; Digest, p. 514, s. 47; 1 Gray 620; 11 Mass. 
327. But if the occupation is by mistake and without any claim of title, it has been held 
that it will not give a settlement.— 9 Allen 137. 



SETTLEMENT OF PAUPERS. 359 

(e) Proof that the assessment was illegal will not defeat a settlement under this 
clause.— 41 R. 438; Digest, p. 514, s. 50. 

No assessment is requisite under this clause.— Id. 

(f ) The whole legal tax must have been paid or tendered. Payment of $3 upon a tax 
of S3.03 is insufficient.— 21 R. 320. 

But where, in such a case, the collector called upon the tax-payer without his list, 
and, being uncertain as to the amount, said that if the taxpayer would pay him three 
dollars he would cross out the tax, and this was done accordingly, and the tax crossed 
out, and the collector afterwards paid the three dollars and three cents to the town, it 
was held a payment of the whole tax by the pauper.— Lisbon v. Bath, 23 R. 10. 

A negotiable promissory note, payable to a town for the amount of a tax, will not be 
payment of a tax so as to give the maker a settlement in the town, even if the selectmen 
agree to receive it in payment of the ta.x.—Jaffrey v. Cornish, 10 R. 505 ; Digest, p. 513, 
s. 30; see, also (g) post. 

(g) Payment may be presumed after twenty years if there is nothing to rebut it. — 
Digest, p. 333, s. 161. And this presumption exists although the person died within a 
year after the assessment.— 28 R. 75 ; Digest, p. 333, s. 161. 

But the question of payment is still for the jury. The poverty of the party may be 
shown, and this may be met by evidence of his ability to pay the taxes; and any other 
evidence tending to show payment or the reverse is admissible. — 38 R. 268; 47 R. 275; 
40 R. 478; 46 R. 181; Digest, p. 330, s. 93. 

The payment must have been made by the owner of the land himself, or by some per- 
son so acting for him that it can be deemed his payment.— Weare v. Deering, 58 R. 206. 

(h) The statute does not require that payment be made within the year of the assess- 
ment, and a tender to the collector at any time before the tax has been abated, will give 
a settlement, if not induced by fraud.— 46 R. 11; 20 R. 506; Digest, p. 514, ss. 53, 54. 

(i) If a person under guardianship as a lunatic has the amount of property required 
for a settlement, which is taxed to the guardian, who pays the taxes, the ward will gain 
a settlement.— 37 R. 437; Digest, p. 514, s. 51; 15 Mass. 237; 48 Maine 332. 

6. Incorporation. Any person (1) dwelling and hav- 
ing his home (2) in any unincorporated place at the time 
when the same shall become incorporated into a town, 
shall thereby gain a settlement therein. — Id., s. 5. 

(1) See Digest, p. 514, ss. 57-63; post s. 11. 

(2) See ante pp. 62-69. 

(a) The incorporation gives the settlement without any action of the town.— 34 R. 
266; Digest, p. 515, s. 62. 

(b) Minors not emancipated, and married women, cannot have a settlement in this 
mode distinct from their parents or husbands.— 1 Greenl. 93; 2 Fairfield 455 ; 16 Maine 
139; 53 Maine 55, 59; 13 Maine 225; 1 R. 473; post s. 11. 

But it is otherwise of a minor who has been emancipated. — 5 R. 350; 1 R. 264; 49 
Maine 106; 30 Maine 470; 18 Maine 415; 16 Maine 427; 3 Greenl. 220; s. 11 post. 

(c) Upon the principles declared in 1 R. 260, 263, an illegitimate child of seven years 
of age would be considered emancipated, and might acquire a settlement in its own 
right; but 12 Mass. 383 is the other way ; and see 8 R. 418. 

7. Union of towns. If two or more towns shall be in- 
corporated into one town, any person having his settlement 
in either of said towns shall have his settlement in the town 
so incorporated. — Id., s. 6. 



360 SETTLEMENT OF PAUPERS. 

8. Division of town. Upon the division (1) of any 
town, any person having his settlement therein shall there- 
after have his settlement in that town in which his last 
dwelling-place shall have been. — Id., s. 7. 

(1) A town is " divided," within the meaning of this clause, whenever any portion of 
it is separated from the rest, whether the severed portion is incorporated into a new 
town or annexed to an old one.— 32 R. 245; Digest, p. 515, s. 64; 42 Maine 314; 1 Greenl. 
129; 7 Mass. 156. 

(a) If, upon the division of a town, the two towns by an agreement apportion the 
paupers by name and support them accordingly, this does not affect the settlement of 
the paupers or that of any one derived from them, though the contract may be bind- 
ing.— 49 Maine 550, 554; 15 Mass. 261. 

9. Change of line. If the dwelling-house or home (1) 
of any person residing but having no settlement in any 
town, shall by act of law fall within the limits of any other 
town, such person shall acquire a settlement in such last 
named town in the same time and manner as he would have 
done in the former town if no such change had taken 
place. — Id., s. 8. 

(1) See ante s. 6 (a) (b). 

10. Seven years' residence. Any person of the age 
of twenty-one years, who shall have resided (1) in any town 
in this state, and being taxed for his poll for seven years in 
succession (2) shall have paid (3) all taxes legally (4) 
assessed on his poll and estate during said term, shall there- 
by gain a settlement in such town. — Id., s. 9. 

(1) A legal and not a mere personal residence is intended.— See s. 16 post. 

If the town has exercised jurisdiction over the pauper's place of residence during the 
whole period, it will be estopped to deny that it was within its limits, especially if in 
consequence of such claim the other town has altered its conduct in relation to the 
pauper.— 2 R. 242; Digest, p. 322, s. 41; 30 Maine 504; 13 Maine 442; 6 Cush.320; 30 Vt. 
504; 16 Vt. 422. 

(2) Tbe residence must have continued during the whole time. 

The omission of a single year of the seven, in taxing or paying, and whether by acci- 
dent or design, will prevent a settlement.— Digest, p. 513, ss. 22, 23; 10 Met. 115. 

The tax must have been assessed against the pauper personally .—30 R. 71; Digest, p. 
513, s. 25. 

Taxing is not presumed, but must be proved.— Digest, p. 513, s. 27. 

Interruption by repeal, see s. 17 post. 

(3) Payment must be made by the person himself, or by some one at his request, or 
with his assent, so as to render it his act.— 30 R. 76; Digest, p. 513, ss. 24, 25; 58 R. 206. 

If a person in possession of land belonging to another has been taxed for it with his 



SETTLEMENT OF PAUPERS. 361 

assent, the tax must be paid by him or he gains no settlement. — 45 R. 264; Digest, p. 
20, ss. 49, 50. See, also, as to payment of tax, ante s. 5 (f ) (g) (h) (i). 

(4) If a tax has been actually assessed and paid, and retained until the person has 
become a pauper, it seems that the town will not be permitted to show that the tax was 
illegal in order to defeat the settlement.— 41 R. 442; 2 R. 242; 8 Pick. 408; Digest, p. 
322, s. 41, p. 323, s. 62, p. 513, s. 28. 

If but part of the tax is legal, payment of such part is sufficient.— 21 R. 320; Digest, 
p. 513, s. 31. 

11. Married women. Married women may gain a set- 
tlement in their own right by the ownership of property 
and pa} r ment of taxes legally assessed thereon, the same as 
if unmarried. — Id., s. 10. 

12. Emancipation. A minor, (1) if emancipated, shall 
not take an after acquired settlement from the parents, but 
may acquire one in his own right whenever settlement de- 
pends upon the incorporation, division, or union of towns, 
or on the change of town lines. — Id., s. 11. 

(1) Such minor in general retains the settlement of his father or mother, as the case 
may be, until he gains one in his own right. 

(a) An adult, if not emancipated, follows the settlement of the parent until he ac- 
quires one in his own right; but it is otherwise if emancipated, although continuing to 
reside with the parents.— 37 R. 438; Digest, p. 502; 6 Allen 31; 25 Maine 281; 3 Pick' 
173. 

(b) After twenty-one. Although, as a general rule, children are emancipated when 
they arrive at the age of twenty-one years, yet when it is fit and proper that they should 
remain after that time under the control of a parent, on account of infirmity either of 
body or of mind, so long as they remain they are not emancipated. — 3 R. 331 ; Digest, p. 
503, ss. 17, 18; 3 Greenl. 388; 15 Mass. 237. 

Section 9 of c. 82, G. L., does not create a new class of persons to be assisted, nor 
impose a liability on towns which they were not already under as to settlements. — 
Buxton v. Chesterfield, 60 R. 357. 

13. What is emancipation. A minor (1) shall be 
emancipated, within the meaning of this chapter, by the 
death or permanent insanity or confinement in the state 
prison of this state of both parents, or of the father only, 
and the subsequent marriage of the mother; by the mar- 
riage of the minor; by his having his time given him; and 
whenever the right of his custody, control, and services 
shall, by indenture or other instrument under seal, be trans- 
ferred to a third person, until twenty-one or for a term of 
years, unless such right shall be again actually resumed by 

16 



362 SETTLEMENT OF PAUPERS. 

the parent and snch minor become a part of his family. — 
Id., xii. See post s. 14. 

(1) Adults. See ante s. 12 (b). 

(a) What would be deemed an emancipation of a minor in the absence of a statute 
provision is a matter of great uncertainty.— 3 R. 331; 5 R. 322; 6 R. 166; 15 R. 480; 30 
R. 274 ; 44 R. 293; 8 Greenl. 202; 3 Greenl. 390; 4 Shepley 427; 37 Vt. 529; 39 Vt. 17,21; 
20 J. R. 282, 451; 48 Me. 465; 40 Me. 106; 30 Me. 470; 18 Pick. 264; 14 Pick. 510; 4 
Allen 458 ; 6 Cush. 458; 13 Mass. 472; 3 Mass. 356; 8 Mass. 482; 20 J. R. 456. 

14. Divorce. In case of a divorce, the minor 'children 
shall follow the after-acquired settlement of the parent enti- 
tled to their legal custody, so long (1) as such right contin- 
ues, unless otherwise provided by law ; and when neither 
parent has a right to the control and services of such chil- 
dren, they shall be considered emancipated. — Id., xin. 

(1) They will not take the settlement of their mother by a second marriage, for by her 
marriage she loses her right to their " control and services."— 30 R. 274; 14 Pick. 510; 6 
Mass. 275; 4 Mass. 675. They were held to take such settlement in 1 Pick. 197; 4 Greenl. 
47; 18 Pick. 264; but see 3 Greenl. 392; 16 Mass. 52. 

15. By birth. No person shall gain a settlement by 
birth in any town in which neither of his parents then has 
a settlement. — G. L., c. 81, s. 2. 

16. Illegitimate children. The legal settlement of 
any person born before the marriage of his parents, and be- 
fore the third day of July, eighteen hundred and sixty, shall 
not be changed by the subsequent intermarriage of his par- 
ents. — Id., s. 3. 

17. Paupers. No person shall have a home for the pur- 
pose of gaining a settlement while assisted as a (1) pauper. 
—Id., s. 4. 

(1) One cannot in general gain a settlement during the time aid is furnished for the 
support of his unemancipated child, either by the town where he resides, or any other 
town with his knowledge. — Gilmanton v. Sanbornton, 56 R. 336; Croydon v. Sullivan, 
47 R. 179. ~But see post c. 58, s. 2; G. L., c. 82, s. 9. 

18. Real estate defined. The words real estate in 
this chapter shall include lands, tenements, hereditaments, 
and all rights thereto and interests therein. — Id., s. 5. 

19. Partially gained. No settlement partially gained 
shall be considered to have been interrupted or defeated by 



FURNISHING RELIEF TO PAUPERS. 363 

the repeal of any former statute by a new statute containing 
the same provisions for acquiring a settlement. — Id., s. 8. 

20. By statute only. By the first section of chapter 
eighty-one of the General Laws a legal settlement may be 
gained in the manner therein stated, " and not otherwise" (1) 
and our statutes have contained a similar provision since 
1796. 

(1) Statutes concerning paupe r s must be construed strictly. — 47 R. 276; 3 R. 82; 46 R. 
180; 44 R. 28; 21 R. 327; 10 R. 352; 35 Vt. 498; 9 Allen 210; 10 Met. 115; Digest, p. 513, 
ss. 15, 16 ; 60 R. 360. 



CHAPTER LVII. 

FURNISHING RELIEF TO PAUPERS. 

1. To what PERSONS. When any person in any town 
shall be poor and unable to support himself, (1) he shall be 
relieved and maintained by the overseers of the poor of jsuch 
town, whether he has a settlement in such town or other- 
wise. — G. L., c. 82, s. 1. 

(a) A pauper is one who cannot relieve his immediate wants without disposing of 
property which is essential in order to enable him to live, and which, if parted with, 
must be immediately replaced.— 8 R. 305, 306; 43 R. 316. 

A person may be a pauper though possessed of property, provided it is not available. 
—49 Me. 385. 
What may have been the cause of his distress and want is immaterial. — 41 Maine 574. 

(b) A prisoner in jail on execution may be a pauper, and the selectmen of the town 
where the jail is situated are bound to relieve him, and recover of the town where he 
has a settlement.— 9 R. 107; Digest, p. 512, s. 1; 49 Me., 385; 12 Mass. 262; 4 Allen 574. 

This does not apply to prison charges for a person committed on criminal process, 
since the county is liable to the jailer; nor for such charges for a person committed on 
civil process, except in actions of trespass, case for torts, and prosecutions for bastardy, 
since by G. L., c. 240, s. 12, the creditor in other cases must give bond to the jailer to 
pay the prison charges. 

(c) If a person is sick and requires the assistance of his wife, both may be entitled to 
relief, although she could otherwise provide for herself.— 11 R. 134; Digest, p. 512, s. 3. 

(c) Supplies furnished for the support of those who nurse a sick pauper may be re- 
garded as supplies for the support of the pauper.— 34 R. 266. See s. 2 post. 

(d) It is for the jury, under instructions, to determine whether a person to whom re- 
lief has been furnished, was a pauper, and whether the relief was furnished in good 
faith.— 43 R. 316; 8 R. 376; Digest, p. 512, s. 6. 

(e) Selectmen cannot bind their town to maintain a pauper with whose support the 
town is not legally chargeable.— 14 R. 382; Digest, p. 512, s. 9; 47 Me. 130; 10 Me. 185. 



364 FURNISHING RELIEF TO PAUPERS. 

But their furnishing relief or paying for supplies furnished by another town is evi- 
dence against the town in a subsequent suit depending upon the same settlement. — 47 
R. 215; 18 R. 20; 40 R. 478; Digest, p. 331, s. 120; p. 341, s. 309; 29 Me. 313, 363. See also 
9 Allen 207; 7 Allen 284. 

2. By whom to be furnished. Whatever may be the 
obligations of others, (1) if a person is found poor and in 
need of relief, it must be furnished (2) to him by the over- 
seers of the poor of the town where he may happen to be, and 
as long as such relief may be necessary. 

(1) It has been held that a minor child is not to be deemed a pauper, so as to subject 
the town where he has his settlement to an action for his support, so long as the father 
has sufficient ability to maintain it.— 39 R. 247 ; Digest, p. 512, s. 4. See 17 Vt. 79 Con- 
tra, 32 Me. 60. 63. But whether this is correct or not, it is conceived to be the clear 
duty of the overseers of the poor to furnish relief to such a child if destitute; and the 
same rule must apply to a wife although her husband has means. — 7 R. 571. 

(2) Section 1, ante; 43 R. 318; 30 R. 122; 7 R. 577; Digest, p. 512, s. 7; 53 Me. 29, 32; 
49 Me. 386; 26 Me. 167; 13 Me. 34, 328; 32 Me. 60, 63. 

(a) No application is necessary in order to give the overseers authority to act, al- 
though in general there is no occasion to interfere without one. If a family is mani- 
festly in need of immediate assistance, it is the duty of the overseers to afford it, even 
if the head of the family refuses to receive it.— 7 R. 577; 53 Me. 29, 32; 26 Me. 167; 13 
Me. 34, 328; ante s. 1. 

(b) Mode of relief . The overseers may afford relief in such manner as they deem 
best, acting reasonably and in good faith. — 49 Me. 550, 571. 

3. Not by one selectman. One overseer or selectman 
has in general (1) no authority to bind the town to pay for 
supplies or assistance. 

(1) 44 R. 28; Digest, p. 517, s. 123. See 44 R. 43, 45; Digest, p. 512, s. 12; 48 Me. 562; 
3 R. 290; 7 R. 305; 9 R. 57; 33 R. 577; 10 R. 38 ; Digest, p. 512, s. 10; 7 Allen 284; 13 Met. 
197. 

4. Nor BY volunteers. Third persons have in this 
state (1) no authority to furnish relief unless authorized by 
a major part of the overseers of the poor. 

(1) Digest, p. 517, ss. 123, 124. It is otherwise in Maine by statute.— 48 Me. 560. 

5. Indictment for neglect. An indictment will lie 
against overseers for a wilful neglect of duty, although a 
mandamus is perhaps a concurrent remedy. — 23 R. 355, 359; 
Digest, p. 226, ss. 119-122. 

6. Poor farm. Any town (1) may purchase and hold 
lands, and may purchase or erect buildings, and furnish 



FURNISHING RELIEF TO PAUPERS. 365 

whatever may be necessary for the accommodation, support, 
and employment of the poor within said town ; and at any 
legal meeting may raise money for said purposes. — G. L., c. 
82, s. 2. 

(1) This has no application to unincorporated places. — 4 R. 93; G. L., c. 83, s. 4. 

7. Officers and regulations for. The town may 
appoint necessary officers and establish by-laws for the man- 
agement of such property and the government of the poor 
there supported; but no punishment shall exceed that 
allowed in the house of correction of the town. — Id., s. 3. 

8. Idle paupers. The overseers of the poor in any 
town may, by written contract, bind out to labor for a term 
not exceeding one year, or employ in their work-house, 
every person residing in such town who lives idly and pur- 
sues no lawful business, and who is poor and stands in need 
of (1) relief, or whose family, standing in need of relief, is 
supported by such town, and shall take his wages and appro- 
priate the same to the maintenance of such person, his fam- 
ily or children. — Id., s. 4. 

(1) Children, see ante, p. 329, c. 53. 

(a) Labor of paupers. Where relief is furnished to one of full age and of sound mind, 
upon his own application, although the value of his labor performed for the town ex- 
ceeds the amount expended for his relief, he cannot recover for the excess. — 34 R. 432; 
Digest, p. 512, s. 14. 

If the overseers of the poor retain, in their charge, as a pauper, an insane person not 
needing relief, for the sake of a profit to be made by the town, and let out his services 
for a year to one who pays the town an agreed sum beyond his support, he may recover 
the money of the town.— 34 R. 432; Digest, p. 51, s. 39. 

(b) An overseer of the poor who receives a legacy given to a non compos pauper, and 
applies a portion of it for her support, was held not liable if it was laid out in a judicious 
manner.— 31 Vt. 354. See 49 Maine, 550, 555. 

(c) Purchases of paupers. No person shall purchase or receive, in exchange or other- 
wise, from any pauper supported in any almshouse or poor-house, without permission of 
the overseers of the poor, any property whatever; and any person so offending shall be 
punished under the provisions of this chapter, and shall pay treble the value of such 
property to such overseers.— G. L., c. 269, s. 13. 

(d) No person shall sell, give, or otherwise furnish to any pauper, or person committed 
to any house of correction, any spirituous liquor whatever, except by permission of the 
keeper thereof, under a penalty not exceeding twenty dollars, or imprisonment not ex- 
ceeding six months— G. L,., c. 269, ss. 12-16. 

9. Mode of binding out. Such contract shall be in 
writing, shall be made equitable, and as much as may be 



366 FURNISHING RELIEF TO PAUPERS. 

for the interest of the persons bound out, and shall provide 
that they shall be instructed to read, write, and cipher, (1) 
and to do such work and business as is suitable to their con- 
dition. The overseers shall inquire into the usage of all 
persons so bound out, shall see that said contract is fulfilled, 
and that all wrongs or injuries are redressed; and the rights 
and obligations of such master and apprentice shall be the 
same as in the case of other apprentices. — Id., s. 6. 

(1) A covenant to give " the privilege of all the town school usually taught in town," 
is not a compliance with the statute, and the indenture is void. — 16 Pick. 44; 5 Pick. 
250. 

(a) The form of binding out an adult may be, — 

[l. s.] This indenture between the overseers of the poor of the town of , and 

of the town of , witnesseth that said overseers bind out to labor , who re- 
sides in said town, and lives idly and pursues no lawful business, and is poor and stands 
in need of relief [or, instead of the words in italics, " whose family standing in need of 

relief is supported by said town"], to , of the town of , for the term of one year, 

him during said term to faithfully serve and his lawful commands obey. 

The said covenants to pay to said overseers dollars a month in monthly pay- 
ments, on the first day of each month for the month next preceding, as wages of the 
said , to be by them appropriated according to law. 

In witness whereof, we have hereto set our hands and seals, this — day of , 18—. 

Overseers of the 

Poor of the 
town of — . 

10. Burial. If any pauper shall die in any town, hav- 
ing a settlement in such town, or otherwise, the overseers of 
the poor shall cause such person to be decently buried (1) at 
the expense of the town. — Id., s. 7. 

(1) The act of June 24, 1869, G. L., c. 134, authorizes the overseers of the poor to sur- 
render bodies of paupers for dissection in certain cases, but not if burial has been re- 
quested. 

11. Aid to return home. If any person not living in 
the town or place in which he usually lives and has his 
home, shall apply to any police officer, or to the overseers of 
the poor, or to the selectmen of any town or city, or to the 
commissioners of any county, setting forth (1) that he is 
desirous to return to his home, but is poor and has not the 
means to do so, the said overseers, selectmen, or county 
commissioners may bind such poor person to labor at some 
suitable place to be by them selected, and at such wages or 



FURNISHING RELIEF TO PAUPERS. 367 

rate of compensation as shall seem to them just; and when, 
in the opinion of said overseers, selectmen, or county com- 
missioners, such poor person shall have earned a sufficient 
sum, or have labored a sufficient time, they shall, with the 
money so earned and such additions thereto from the treas- 
ury of the town or county as they may think reasonable, 
cause such poor person to be returned to his home, whether 
in this state or elsewhere. — G. L., c. 269, s. 20. 

(1) The form of application may be as follows : 

To [a p lice officer, overseers of the poor, selectmen of — , county commis- 
sioner, etc., as the case may be.] 

The undersigned represents that his home to which he is desirous of returning is in 

, but he is poor and has not the means of returning, and therefore requests you 

to proceed as provided by section 20 of chapter 269 of the General Laws. 

12. Notice. If any poor person named in the preceding 
section shall appear to have a legal settlement in any town 
or city of this state, the overseers of the poor, or the select- 
men of the town or city, or the commissioners of the county, 
in which he shall make application as aforesaid, shall, as 
soon as possible after said application, give notice (1) thereof 
to the selectmen or overseers of the poor of the town in 
which such poor person has his legal settlement ; and, unless 
they shall within a reasonable time take charge of such poor 
person, and relieve the town or county in which he is found 
from all expenses concerning him, the town or city in which 
such person has his legal settlement shall be liable to pay 
all the expenses attending the binding out and return of said 
poor person to his home, not exceeding ten dollars in any 
one case, in the same manner as towns are now liable to pay 
sums expended for the support or burial of any poor persons 
having a settlement therein ; and if such poor person shall 
have relations, in the line of father or grandfather, mother 
or grandmother, children or grandchildren, of sufficient abil- 
ity, they shall be liable to refund all sums expended as 
aforesaid. — Id., s. 21. 

(1) To the selectmen and overseers of the poor of the town of : 



368 FURNISHING RELIEF TO PAUPERS. 

Take notice that on the — day of . 18—, , a transient person having a legal 

settlement in said town of , but being temporarily in the town of , of which we 

are selectmen, by his application in writing set forth that he was desirous to return to 
his home in , but was poor and had not the means to do so, and wished for employ- 
ment, he was therefore bound by us to labor at at per day for days, unless 

sooner discharged. You are requested to take charge of him and relieve our said town 
from all expense concerning him. 

Dated, etc. 

13. To COMMISSIONERS. If the poor person making ap- 
plication as aforesaid shall not appear to have a settlement 
in any town in this state, or relations of sufficient ability to 
support him resident in the state or having property here, 
the selectmen or overseers of the poor may give notice of 
his application to the commissioners (1) of their county; 
and unless the county commissioners shall within a reason- 
able time take charge of such poor person, and relieve the 
town in which he is found of all expenses concerning him, 
the county shall be liable to pay all the expenses attending 
the binding out and return of such poor person to his home, 
not exceeding twenty dollars in any one case. — -Id., s. 22. 

(1) The same as in s. 12. 

14. Soldiers and sailors. Whenever any person res- 
ident in this state, not under guardianship or legal restraint, 
who has been honorably discharged from the army or navy 
of the United States, shall from any cause become poor, and 
unable to provide maintenance for himself and dependent 
family, such person, his wife, widow, or minor children, 
or such of said children as are unable to maintain them- 
selves, shall be supported at the public expense, in the town 
or city of their abode, at their own home, or such place, 
other than a town or county almshouse, as the selectmen or 
overseer of the poor may think right and proper in said 
town or city. Laws of 1885, c. 41, s. 1. 

15. Reimbursement. The necessary expense of such 
maintenance shall be paid by the town or county, liable 
under existing laws for the support of such soldier or sailor. 
—Id., s. 2. 



SUITS FOR SUPPLIES TO PAUPERS. 369 

CHAPTER LVIII. 

SUITS FOE SUPPLIES TO PAUPERS. 

1. Against relatives. The relations of any poor per- 
son, in the line of father or grandfather, mother or grand- 
mother, children or grandchildren, of sufficient ability, shall 
be liable to maintain such person when standing in need of 
relief. If such person has no such relations of sufficient 
ability, the town wherein such person has a legal settlement 
(1) shall be liable for his support. — G. L., c. 82, s. 8. 

(1) The burden of proof is upon the plaintiffs to show the settlement, even when it 
involves the proof of a negative. 

Thus, if the plaintiffs claim that the pauper derived a settlement from the mother, 
they must show that the father had no settlement .—32 R. 255; 4 Pick. 176. 

When the plaintiffs have made out a prima facie case, the burden of proof may shift. 
Thus, if they prove that the pauper had a settlement at a certain time in the defendant 
town, the defendants must show that he afterwards acquired one elsewhere.— 13 Met. 
192; 34 Yt. 184; Digest, p. 331 (c). 

2. Feeble-minded childPvEN. Whenever, by reason of 
any infirmity of body or mind, it is fit and proper that 
children should remain in the family and under the control 
of a parent after they arrive at the age of twenty-one years, 
and such parent is unable to support such children ivithout 
diminishing his estate, such children shall be supported by 
the town or county by law liable for their support, and the 
parent shall not be regarded or deemed a pauper by reason 
of the support so furnished to such idiotic or feeble adult 
child or children residing in his family under his control. — 
Id., s. 9. 

3. Against town. If any person shall expend (1) any 
sum for the support or burial of any poor person having a 
settlement in some other town, or having any relations of 
sufficient ability, such sum may be recovered of the town or 
person so chargeable. 

(1) Loan or gift. If when supplies are furnished the overseers distinctly agree that 
the supplies shall not be regarded as pauper supplies, but as a gift or loan, the person 

*16 



370 SUITS FOR SUPPLIES TO PAUPERS. 

receiving them will not be a pauper, and there will be no claim upon any other 
town.— 53 Maine 29, 32. See, however, 56 R. 336 ; 47 R. 179. 

Charity. Relief to one that is a pauper, as such, is a public charity, and he will not 
be liable to refund, though he may become able to do so.— 9 R. 195; 34 R. 436; 37 Vt. 
567 ; 3 Allen 515. 

(a) The first question, when supplies have been furnished to any one, is, whether he 
was a pauper. Upon this point see ante pp. 363, 364, s. 1 (a) (b) (c) (d), s. 2 (a). 

(b) The next inquiry is, whether there are relations of sufficient ability. The burden 
of proof here is upon the plaintiff, whether the suit is against relatives or the town of 
the settlement. 

(c) Relations, who are. A man is not bound to support the illegitimate offspring of 
his children (4 R. 86, 39 R. 247, 44 Maine 307), nor the children of his wife by a former 
husband. 

(d) Sufficient ability. The statute does not compel any one to support a poor relative, 
if to do so he would be obliged to trench upon his capital. If by proper exertions he 
can support himself and family and the pauper, without being poorer at the end of the 
year than at the beginning, he is liable, but not otherwise. The question is to be de- 
cided upon the facts as they exist at the time the support is needed. See antes. 2 ; Digest, 
p. 518, ss. 125-128. 

(e) At common law. In a suit at common law by a town, against a husband or father 
for necessaries furnished to a wife or unemancipated minor child, if the supplies were 
properly furnished by reason of the defendant's neglect, he will be liable unless so poor 
that he should be regarded as a pauper.— Digest, p. 419, ss. 28-30; 36 R. 271; 39 R. 247; 
4 R. 86; 56 R. 336; 8 R. 353; Digest, p. 504, ss. 29-34; 5 Gray 28; 14 Mass. 227; 6 Allen 
585. 

(f) The common law imposes no duty upon a son to support an indigent parent, and 
he cannot be charged without a request, or in compliance with the terms of the statute. 
—45 R. 558, 561; 3 Pick. 207; 7 Conn. 57. 

(g)An inhabitant of another state duly served with process here, or whose property is 
here attached, may be charged under our statute for the support of an indigent parent* 
the same as a resident of this state.— 45 R. 558. 

4. Notice of supplies. No action shall be sustained 
against any town or person, unless a notice in writing, 
signed by the overseers of the poor, stating the sums so ex- 
pended, shall first have been given to such town or person. 
—Id., s. 11. 

5. Form of notice of supplies furnished : 

To the town (1) of , in the county of : 



You are hereby notified that O S, and J S his wife, and 
H S, minor children of said O. S, on the seventh day of 
October last, were and ever since have been in the town of 

in the county of , poor and unable to support 

themselves, and standing in need of relief, and during that 
time have been relieved and maintained by the overseers of 
the poor of the said town of . The sums expended 






SUITS FOR SUPPLIES TO PAUPERS. 371 

by said town since the said seventh day of October, and in- 
cluding that day (2), are as follows : 

For board of said O S and his wife and children 

aforesaid, $ 

For board of N M while employed as nurse for 

said J S during her sickness, $ 

Paid said N M as nurse for said J S, $ 

Paid, etc., $ 

Said O S and his said wife and children are chargeable 
to your town, and we request payment of said sums. 

(3) Witness our hands at said , this — day of , 

18—. 

) Overseers (4) of the 

> Poor for the town 

) of . 



(1) The notice should be reasonably full and specific, and it may aid those giving it 
to inquire whether a like notice to themselves would be satisfactory. 

A notice directed to the " selectmen" of the town is good (5 R. 348, 36 R. 530), but 
held otherwise of a notice served by copy, directed to the sheriff, and requiring him to 
notify the selectmen and town-clerk.— 3 R. 80. 

(2) "And including that day," or else there can be no recovery for supplies furnished 
on that day.— 41 R. 199; ante p. 5, s. 32. 

(3) If by mistake the notice is not dated, the omission will not be fatal, if the period 
of the supply sufficiently appears.— 14 R. 383; 48 Maine 416, 421. Where a notice not 
dated, stated that supplies were furnished on the 15th day of January " last past." and 
that the pauper had been supported " since that time,'' it was held that the words 
" last past" would be referred to the date of the service of the notice, and the notice 
sufficient.— 14 R. 383. 

(4) If the selectmen are the overseers (no overseers as such having been chosen), they 
may sign as in the above form, and there will be no variance, though the declaration 
allege that the notice was signed " by the selectmen aud overseers." — 34 R. 266 ; 15 Pick. 
125; 8 Pick. 563; 3 Greenl. 197. Under our statute the notice must be signed by a major- 
ity of the board. Two of the selectmen will be presumed to be a majority, till the con- 
trary is shown.— 6 R. 302. 

In Maine one overseer may sign the notice. — 48 Maine 422; 45 Maine 169; 41 Maine 
594; 3 Maine 197; 26 Maine 61. In Massachusetts, a notice signed by one "for the 
board," is sufficient.— 4 Met. 433; 8 Mass. 104; but see 6 Mass. 501. 

(a) Of the persons relieved. The notice must designate the persons relieved by name, 
or otherwise, so that they may be readily known. — 2 R. 531 ; 20 R. 505. A notice, though 
insufficient as to some of the persons, may be valid as to the others. — 8 R. 143; 31 Main© 
124; 4 Pick. 358. 

"Joan" for "Joanna" is not a material misdescription (20 R. 505), nor " Sarah or 
Sally " instead of "Sally."— 1 Pick. 470. " The child " of A B is sufficient, if he has but one 
child (8 Pick. 388) ; and so of " three children " of B, if B has but three children (10 Pick . 
22) ; and so if the initial letter of the middle name is given instead of the middle name (20 



372 SUITS FOR SUPPLIES TO PAUPERS. 

R. 505) ; or if there is an entire omission of the middle name (38 R. 561, 580, Digest, p. 
473, s. 1) ; but "Labern " for "la Barron " was held bad (5 Pick. 190) ; and so of a no- 
tice of supplies to AB"and his four minor children," it appearing that he has more than 
four.— 12 R. 409; 4 Pick. 358. See, also, 5 Greenl. 440; 2 N. H. 530. A notice that the 
wife has become chargeable, is not bad for not stating that her husband has thereby 
become chargeable. — 31 Maine 124. 

(b) Of sums expended. The notice need not state the sums expended for each of sev- 
eral persons constituting one family, all of whom are sufficiently described, and are 
paupers chargeable to the town notified.— 12 R. 409; 8 R. 142. 

It was held in one case, that upon a notice of a certain sum as expended for three 
persons named, one of whom was not sufficiently described, there could be no recovery 
for the other two.— 2 R. 530; but see s. 8 post. Where the notice, by mistake, includ- 
ed some expenditures made before ninety days next preceding its service, but the 
means of distinguishing what came before were given,— held not invalid, there being 
no bad faith.— 43 R. 543. 

Overcharging in the notice beyond the sums paid, or agreed to be paid, if intentional, 
will invalidate the notice wholly, but if by mistake, will not prevent a recovery of the 
proper sum.— 34 R. 266; 43 R. 543. 

6. Service of notice. Such notice shall be served 
upon such town by the sheriff or his deputy (1) by leaving 
an attested copy thereof with one at least of the selectmen 
or overseers of the poor and with the clerk of such town, 
and upon any person by giving him in hand, or leaving at 
his abode a like copy. — Id., s. 11. 

(1) It is the sheriff of the county in which is the town notified who is to serve the no- 
tice.— 9 R. 369; Digest, p. 37, s. 137-141, and p. 517, ss. 101, 119. 

7. Return to the clerk. The officer making such 
service shall, within twenty days thereafter, make a return 
of the original notice, with his doings thereon, to the clerk 
of the supreme court in the county in which the town or 
person chargeable may be ; and shall receive the same fees 
for his travel and service as by law are allowed for serving 
writs. — Id., s. 12. 

8. Good eor ninety days. Such notice shall be suffi- 
cient for all sums so expended within ninety days (1) pre- 
vious to such service, and for any sums so expended within 
one year thereafter. — Id., s. 14. 

(1) See ante s. 5 (2). 

(a) Waiver. If the time has not expired within which a legal notice may be given, 
the selectmen may waive exceptions to a defective notice, or may dispense with any 
notice whatever— 3 R. 38 ; 7 R. 298; 14 R. 390; 22 R. 565; 15 Maine 182. And they may 
give the note of the town for the amount of the supplies.— 7 R. 298. See ante 101, s. 1 
(a). 



SUITS FOR SUPPLIES TO PAUPERS. 373 

A subsequent notice is no waiver of any rights under a former one. — 45 Maine 405. 
An answer to an insufficient notice has been held a waiver of the defect, if no objec- 
tion is taken on that account.— 4 Met. 433; 12 Mass. 307; 2 G-reenl. 1. 

(b) Proof. Strict proof is, in general, necessary of all facts that are essential to the 
recovery. As to burden of proof, see ante p. 370, a. 3 (a) (b). Record evidence of the 
election of the selectmen or overseers is not required. It may be shown that they were 
acting selectmen.— 27 Maine 489; Digest, p. 499, II. 

(c) They may testify that the supplies were furnished in good faith, if that is a mat- 
ter in dispute.— 13 Maine 321 ; Digest, p. 645, s. 129. 

(d) Acts of the selectmen in paying for supplies furnished are evidence against the 
town to be weighed by the jury. — Ante p. 102, s. 1 (a). 

(e) Recovery for expenses at the asylum, see ante p. 353, ss. 13-15; 39 R. 213. 

A pauper notice in such a case is not necessary.— 39 R. 213; Digest, p. 516, s. 96. 

(f) For expenses of binding out transient persons, see ante p. 366, ss. 11-13. 

(g) Payment before the notice was given is not necessary, provided the supplies were 
furnished upon the credit or the town.— 9 R. 371 ; 3 R. 290. 

Payment should in general be made before suit, or, at least, before trial.— 47 Maine 
558. 

(h) Payment by the county, or by another town under a misapprehension, will be no 
defence to an action by the town furnishing the supplies against the town of the settle- 
ment.— 43 R. 542. 

(i) Part recovery. The town is not obliged to sue for all the persons included in the 
notice.— 28 R. 81; 20 R. 505; Digest, p. 517, ss. 110, 114. 

If the sums paid, or agreed to be paid, are excessive, a reasonable amount only can be 
recovered.— 34 R. 277; 15 Mass. 449; ante s. 5. 

A failure to prove one item will not affect other items.— 8 R. 144. 

Nothing can be recovered for the services of the overseers.— 8 R. 145; 11 Mass. 327. 

(k) Set-off. The town must allow for whatever may have been contributed by the 
pauper, in labor or money or property, for his support.— 43 R. 542. But the defendant 
cannot set off counter claims for the support of other paupers. — 28 R. 520 ; 47 Maine 
367. Judgments may be offset by order of the court.— Digest, p. 583, II'. 

9. Suit within three years. No such action shall 
be sustained unless commenced within three years from the 
time of the service of such notice upon the town or person 
chargeable, nor for any sum that may have been expended 
more than ninety days previous to such notice. — Id., s. 15. 

10. Change of venue. When any county, in which 
any action for the support of a pauper is pending, may 
eventually be liable for the support of such pauper, the 
court, on motion, shall transfer such action to an adjoining 
county for adjudication. — Id., s. 16. 



374 COUNTY PAUPERS. 



CHAPTER LIX. 

COUNTY PAUPERS. 

1. Account rendered. When any poor person, for 
whose support no person or town in this state is chargeable, 
shall be relieved or buried at the expense of any town, the 
overseers of the poor, as soon as practicable thereafter, or in 
case a suit therefor has, before the termination of one year, 
been commenced against any town or person, within ^ix 
months after the termination thereof, may present an ac- 
count of all moneys so expended to the county commission- 
ers of the county in which such town is, with proper vouch- 
ers, and they shall allow such sum as they shall think 
reasonable to be paid out of the treasury of the county ; and 
notice of such suit shall be given to the county commission- 
ers of the county that may be charged with such expense 
fourteen days before the entry of said action, and thereupon 
the commissioners may be admitted to defend said suit. — G. 
L., c. 83, s. 1, as amended by c. 14 of the Laws of 1879. 

(1) If the supplies are furnished by the overseers, their affidavit is ordinarily a suffi- 
cient voucher. If money is paid to other persons, their receipts shonld also be fur- 
nished, and an affidavit, as required in s. 15 post, if it has not been previously fur- 
nished, 
(a) The form of the account may be : 

The county of to the town of , debtor : 

To board of at the town farm, from Jan. 1, 18—, to March 1, 18—, 

at $2.50 per week $21.00 

March 6. To one pair of boots furnished said 4.00 

To one pair of flannel drawers for said 2.50 

To one pound of tea furnished said ■■ — 75 

$27.75 

We hereby certify that the said was, during the time specified in said account, 

a poor person in said town of , unable to support himself, and standing in need 

of relief, and the sums charged in said account were expended for bis relief and main- 
tenance, and are, in our opinion, reasonable charges. Said has no settlement in 

any town in this state, and no relation in this state of sufficient ability chargeable with 
his maintenance. 

Overseers of the Poor 
for the 

town of . 

To this there should be an affidavit that the certificate by them signed is in their be- 
lief true. See ante p. 122 (c). 






COUNTY PAUPERS. 375 

(b) An order of county commissioners, allowing a claim of a town against the county 
for the support of a pauper, so long as it is not reversed or modified, has the effect of a 
judgment in favor of the town against the county, as an adjudication that the county 
was chargeable with the support of the pauper.— Salisbury v. Merrimack County, 59 R. 
360. But such finding may be set aside by them for fraud or mistake, if justice requires 
it. — Concord v. Merrimack County, 60 R. 521. 

2. Supporting in town. It shall be the duty of the 
county commissioners to make a contract with selectmen of 
any town in their county for the support of county paupers, 
who, on account of long residence or local associations, shall 
wish to remain in the town (1) of their domicile, whenever 
in the judgment of the commissioners and the selectmen it 
shall be thought best to do so : Provided, the sum agreed 
shall not exceed the sum of one dollar and fifty cents a week 
for each pauper so supported. — Id., s. 2 

(1) Union soldiers and sailors, and their families, see ante S68, ss. 14, 15. 

3. Binding out. The county commissioners may bind 
out, or authorize (1) the overseers of the poor of any town 
to bind out or employ, any person chargeable or liable to be 
chargeable to the county, in the same manner as such over- 
seers might do in case of a person chargeable to such town ; 
and the rights and obligations of all parties shall be the 
same as in such case. — Id., s. 3. 

(1) See ante p. 365, ss. 8, 9. 

4. Town ceasing to be organized. When any town 
shall cease to be organized, all paupers who have a legal set- 
tlement in such town, and no relations by law bound to sup- 
port them, shall be maintained by the county in which such 
town is situate, until the same shall be reorganized.— =-Id., 
s. 4. 

5. Bringing from out of the state. If any person 
shall bring from any other state and leave in any town, (1) 
or shall so bring with intent to leave, any poor and indigent 
person having no visible means of support and no settlement 
within the state, knowing such person to be poor and indi- 
gent as aforesaid, he shall be fined not exceeding three hun- 



376 COUNTY PAUPERS. 

dred dollars, or be imprisoned not exceeding six months. — 
Id., s. 5. 

(1) In Dyer v. Hunt, 5 R. 401, decided under a similar statute, it was held in an opin- 
ion given by Chief -Justice Richardson that the prohibition did not apply unless the 
bringing in was with an intention to leave the person as a public charge. See, also, 16 
Mass. 393; 1 Pick. 465; 2 Greenl. 5, and post s. 7 (1). 

6. Into town not chargeable. If any person shall 
bring (1) from any other state, and leave in any town in 
this state, or shall so bring with intent to leave, any poor 
and indigent person having no settlement in such town, and 
having no visible means of support, knowing such person to 
be poor and indigent, as aforesaid ; or shall hire or procure 
such poor and indigent person to be so brought, or shall aid 
or assist therein with intent to charge said town with the 
support of such poor and indigent person, he or they shall 
be punished by a fine not exceeding five hundred dollars, or 
by imprisonment in the county jail not exceeding one year, 
and shall be further liable to any town in this state for all 
such sums of money as may be expended by it for the sup- 
port and maintenance of such poor and indigent persons, 
which may be recovered by such town in an action on the 
case. — Id., s. 6. 

(1) See ante s. 5 (1), and post s. 7 (1). 

7. From state chargeable. If any person shall bring 
from any other state and leave in any town, or shall bring 
with intent to leave, any poor and indigent person having 
no visible means of support, and having a settlement in the 
state from which such poor and indigent (1) person may be 
brought, knowing such person to be poor and indigent as 
aforesaid, he shall be fined not exceeding five hundred dol- 
lars, or be imprisoned not exceeding one year, and shall be 
liable to any town or county for all such sums of money as 
may be expended by said town or county for the support 
and maintenance of such poor and indigent person. — Id., 
s. 7. 



COUNTY PAUPERS. 377 

(1) In State v. Benton, 18 R. 47, decided under a similar statute, it wag held that the 
statute did not apply to the cases of persons who had their domicile, home, and usual 
place of abode at the time, in this state, notwithstanding they may have a settlement 
in the other state. It was intended to prevent running- paupers into this state who have 
a settlement in other states, and no home here. The opinion was given by Chief-Jus- 
tice Parker.— See also ante s. 5 (1). 

8. From Vermont. If a person brings from any town 
or place in the state of Vermont (1) and leaves in any town 
in this state, or so brings with intent to leave, a poor and 
indigent person having no visible means of support, know- 
ing such person to be poor and indigent as aforesaid, or hires 
or procures such person to be so brought, or aids or assists 
therein, with intent to charge such town with the support 
of such person, he shall be punished by fine not exceeding 
five hundred dollars nor less than one hundred dollars, or by 
imprisonment not exceeding one year, and shall be further 
liable to any town for such sums of money as are expended 
by such town for the support and maintenance of such per- 
son, which may be recovered by an action on the case. — 
Laws of 1883, c. 13. 

(1) See ante s. 7 (1). 

9. Pauper immigrants. No master of any vessel hav- 
ing passengers on board who have no settlement in this 
state, shall suffer such passengers to land until he gives bond 
to the state in a sum equal to two hundred dollars for every 
such passenger, with sufficient sureties to the satisfaction of 
the selectmen of the town in which such passengers are 
landed, conditioned to indemnify and save harmless such 
town, and every town and county in the state, from all ex- 
penses which for three years thereafter may arise from such 
passengers, w r hose names shall be inserted in said bond. — 
G. L., c. 83, s. 8. 

fa) The form of the bond may be as follows : 

Know all men by these presents, that we as principal, and we 

as sureties, are indebted to the state of New Hampshire, in the sum of dollars, to 

the payment whereof we bind ourselves and our heirs. 

Sealed with our seals, and dated this — day of , 18—. 

The condition of this obligation is, that if the said obligors shall indemnify and save 
harmless the town of in the county of , and every town and county in the state, 



878 COUNTY PAUPERS. 

from all expenses which for three years from the date hereof may arise from any of 

the passengers on board and by the ship , of which said — — - is master, who have 

no settlement in this state, and whose names are as follows [insert] :— then this obliga- 
tion is to be void, otherwise to remain in full force. 

Signed, sealed, and delivered in the presence of 

) (Seal.) 

[ (Seal.) 

) (Seal.) 

Approved this — day of , 18—. 

1 Selectmen 
of 



10. If bond not given. If any master suffer any such 
passenger to land before such bond is given, unless the same 
is dispensed with by such selectmen on application therefor, 
he shall be fined not exceeding two hundred dollars for each 
passenger so landed, or imprisoned not exceeding one year. 
—Id., s. 9. 

11. TO BE FILED WITH CLERK OF COURT. Said bond 

shall be filed by the selectmen, who approve the same in the 
office of the clerk of the supreme court, and may, by leave 
of the court, be prosecuted for the benefit and at the ex- 
pense of the party applying. — Id., s. 10. 

12. Bringing from another county. If any person 
shall bring and leave, or bring with intent to leave, (1) any 
poor and indigent person, having no visible means of sup- 
port, into any county from any other county in which such 
poor person has resided or been supported, such person not 
having a legal settlement in any town, nor any relation 
chargeable for his support within the county into which 
such poor person is brought, knowing him to be thus poor 
and indigent, he shall be fined not exceeding two hundred 
dollars, or be imprisoned not exceeding six months. — Id., 
s. 11. 

(1) See ante s. 7 (1); 45 R. 139, 181; 55 R. 339; Digest, p. 518 s. 138-140. 

13. Order to remove. Every such poor and indigent 
person may be removed from said county, by order of the 
supreme court, (1) into the county from which he was so 
brought, as aforesaid. — Id., s. 12. 



COUNTY PAUPERS. 379 

(1) The form of application for such removal may be as follows: 

ss. To the Supreme Court : 

The county of M complains against the county of S that , a poor and indi- 
gent person, having no visible means of support, and no legal settlement in any town 
in this state, and no relation chargeable with bis support within the county of M, was, 

on the — day of last, brought into and left in the town of in the county of 

M, from the town of in the county of S, where he had until then resided and 

been supported by A B, C D [or " by some person or persons to the said complainant 
unknown"], the said persons so bringing him in and leaving him, well knowing him to 
be poor and indigent, and wrongfully intending to cast the burden of his support upon 
said county of M . 

Wherefore the said county prays for an order for the removal of the said 

into the county of S, from which he was so brought. 

County of M, by . 

14. Warrant for removal. Any justice of the su- 
preme court, any justice of a police court, or any justice of 
the peace, upon complaint of the overseers of the poor of 
any place, or of either of the county commissioners of any 
county, in term time or vacation, may, by warrant directed 
to a constable or other person therein designated, cause any 
pauper not born nor having a settlement in this state, who 
may conveniently be removed, to be conveyed, at the expense 
of the county within which such pauper may be, to any 
other state, or, if not a citizen of the United States, to any 
place beyond sea where he (1) belongs. — Id., s. 13. 

(1) This does not apply to a person whose home and usual place of abode is in this 
state, whether born or having a settlement here or not, for he " belongs " here.— -See 
ante s. 7 (1); 1 Gray 516. 

(a) The application may be, — 
To , a Justice of the Peace for the county of : 

The undersigned, overseers of the poor for the town of in said county, complain 

that , a citizen and inhabitant of the [town of in the] state of Vermont, not 

born nor having any settlement in this state, is now a pauper and supported by said 

town of , but can be conveniently removed to the said state of Vermont, where 

he belong?, and they therefore pray that you, by a warrant in due form, will cause him 
to be conveyed, at the expense of said county, to the said state of Vermont. 

) Overseers of 

' > the Poor of 



ss. , 18—. Then the above overseers of the poor made oath that the above 

complaint by them signed is in their belief true. 
Before me, 

, Justice of the Peace. 

Notice should be given to the pauper a reasonable time before the hearing by serving 
him with a copy of the complaint and order thereon.— See ante, p. 121, s. 9. 
(b) The warrant may be, — 



380 COUNTY PAUPERS. 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

C ss. To , a Constable of the town of in said county : 

Whereas, on the — day of last, an application was made to me, a justice of the 

peace for said county, by the overseers of the poor of the town of in said county, 

for the removal of , a pauper not born nor having a settlement in this state, from 

the said town of to the state of Vermont, where said belongs [or "to the 

town of in the state of Vermont," etc.], and alleging that said pauper may be 

conveniently removed to the said state of Vermont, and whereas it appears to me, the 
said justice, after due notice to said pauper, and a hearing upon sai 1 application, that 

the allegations therein contained are true, you are commanded to remove the said 

from the said town of to the state of Vermont, where he belongs [or, if the town 

is known, '* to the town of , in the state of Vermont, where he belongs "]. 

Hereof fail not. 

Given under my hand and seal this — day of , 18—. 

, Justice of the Peace. 

15. Affidavit in support of claim. No county 
shall be liable to any town for the relief, support, or funeral 
of any poor person not having a legal settlement in any town 
in this state, unless the overseers of the poor thereof shall, 
as soon as practicable, take and transmit to the county com- 
missioners the affidavit of such pauper, if capable, otherwise 
of some well informed person, as to his age, place of birth, 
all his places of residence and the times thereof, and the 
times and places where he or any of his family have been 
relieved or supported. — Id., s. 14. 

16. Remedy over by county. The county in which 
any county pauper shall have been relieved within one year, 
or in which he shall have last resided not less than one year, 
shall be liable to the county in which he may afterward be 
relieved, if he has not resided in the latter county above 
three months at the time of the first relief, for all sums of 
money paid for his relief, support, or funeral: Provided, & 
copy of the affidavit before mentioned shall be forwarded as 
soon as practicable to the county commissioners of the 
county to be charged. — Id., s. 15. 

17. Removing pauper. Such pauper may be removed 
by the commissioners of the county to the county charge- 
able with his support, and the expense of such removal shall 
be paid by the county so chargeable. — Id., s. 16. 



FIREWARDS AND FIREMEN. 381 

CHAPTER LX. 

FIREWARDS AND FIREMEN. 

1. Board of. The firewards chosen (1) in any town 
shall constitute a board ; (2) shall elect a chief fireward and 
clerk, whose signatures to any notice, appointment, or act 
of the board shall be sufficient; shall adopt a badge of office, 
and determine their respective seniority. — G. L., c. 106, s. 1. 

(1) If such officers are not chosen, the selectmen, the statute says, shall discharge the 
duties and have the powers of flrewards. — G. L., c. 40, s. 4. 

(2) A majority of the board may organize and elect officers by a major vote of those 
present and voting.— 23 R. 568 ; 29 R. 213, 224; Angel and Ames on Corp., c. 4, s. 6. The 
election may be by ballot or otherwise. 

(1) The form of the record may be as follows : 

At a meeting of the board of firewards of the town of , at , in said town, 

on the — day of , 18 — . 

Present [here insert the names of the firewards present]. 

Elected , chief fireward, and , clerk of said firewards, who, being 

present, severally took the oath of office by law prescribed. 

Voted, etc. 

A true record. 

Attest: , Chief Fireward. 

, Clerk of said Firewards. 

2. To control. They shall have at all times the con- 
trol of all fire-engines, fire-hooks, hose, and all other imple- 
ments designed or used for the extinguishment of fire in 
such town, and of all persons appointed to serve in any en- 
gine, hose, or axe company, or other association whose duty 
shall be to aid in extinguishing fires, in all things pertain- 
ing to their appointment. — Id., s. 2. 

3. To repair to place of fire. The firewards shall 
forthwith repair to the place where any fire may break out, 
with their badges of office, and exert themselves, and require 
assistance from all persons present, to extinguish and pre- 
vent the spreading of such fire, and control and direct their 
labor to remove property endangered, and appoint guards 
to take care of the same, and to suppress all tumults and 
disorders with force if necessary. — Id., s. 3. 



382 FIRE WARDS AND FIREMEN. 

4. The chief fireward, or, in his absence, the senior 
fireward present, shall have the general direction of the loca- 
tion and action of all engines and other apparatus, and the 
government and direction of all persons (1) and proceedings 
relating to any fire, and the other firewards shall aid him in 
all things as his assistants. — Id., s. 4. 

(1) From the necessities of the case his authority at a fire must be as great as a mili- 
tary officer over those under his command, for the public safety does not admit of di- 
vided authority, and no peace officer should arrest one under the command of the chief 
at such a time without his consent, except for a grave offence admitting of no delay. 

5. Refusing obedience. If any person present at any 
fire shall refuse or neglect to obey the commands of the fire- 
wards, or any of them, at any fire, or shall unlawfully assume 
the office or badge of office of a fireward, he shall be fined 
not exceeding fifty dollars nor less than five dollars. — Id., 
s. 5. 

6. Buildings removed. The major part (1) of the 
firewards present at any fire may cause any building or 
thing whatever to be pulled down, blown up, or removed, if 
they judge it necessary to stop the progress of the fire ;' and 
any fireward may require assistance from any person present 
at such fire, for that purpose. — Id., s. 6. 

(1) To recover against the town, it is not enough that the destruction was by order 
of one of the firewards present at the fire under a general agreement that some hous.es 
must be destroyed without determining which.— 11 Cush. 433. But if only one is pres- 
ent, he may give the order.— 40 Maine 389. 

7. Appraisal of damage. The selectmen, on applica- 
tion, shall appraise the damage done to any building or 
thing by order of the firewards as aforesaid, assess a tax for 
the payment therefor, and make compensation to the owner, 
unless it shall appear that the fire began in such building, 
or that the same must have been burned if it had not been 
destroyed or removed. — Id., s. 7. 

(a) The form of an application for an appraisal may be, — 
To the Selectmen of the town of : 

The undersigned represents that on the — day of last, during the existence of a 

destructive fire in said town, in the vicinity of a dwelling-house owned by him [describe 
its location], the firewards of said town, judging it necessary in order to stop the prog- 



FIRE WARDS AND FIREMEN. 383 

ress of said fire, caused said dwelling-house to be pulled down ["blown up," or "re- 
moved from the site which it before occupied "]. Said fire did not begin in said dwell- 
ing-house, nor would the same have been burned if it had not been destroyed [or " re- 
moved "] as aforesaid. Wherefore he prays that you will appraise the damage done to 
said dwelling-house, and assess a tax for the payment therefor, and make compensation 
to him for the same. 
Dated at said , this — day of , 18 — . 

(b) Notice should be given to the applicant and to the firewards (as they may have 
reasons to urge against the application) a reasonable time before the hearing, and evi- 
dence of notice preserved, as in laying out highways. — Ante p. 121, s. 9. 

(c) The form of appraisal may be as follows : 

Upon the foregoing application, having given notice to the applicant and to the fire- 
wards of said town as aforesaid, we are of opinion that the allegations in said petition 

are true, and appraise the damage done to said building at the sum of dollars. 

Given under our hands this — day of , 18 — . 

, ) Selectmen 

,\ of . 

(d) The assessment may be in form as for other taxes, making the necessary changes, 
or (if before the completion of the annual tax) the sum to be raised can be included 
with the rest, but with an additional column, which maybe headed, " For appraisal 
to , for damages to building destroyed by firewards." 

A separate assessment when made should be, — 

"An assessment upon the polls and ratable estate in the town of , for the amount 

appraised by us as damage to , for his dwelling-house, destroyed by the firewards." 

(e) Owner. A person in possession under a personal contract to purchase, is held not 
to b3 deemed " the owner " until he has paid the full amount of the purchase-money. — 
11 Gush. 433. But he may have a remedy in equity, when necessary for the prevention 
of injustice. 

8. Petition to court. Upon the refusal of the select- 
men, or their neglect for three months after such an applica- 
tion, to appraise such damage and assess such tax, the party 
injured may petition the supreme court for redress ; and the 
court, after due notice to the town, shall ascertain such dam- 
ages, and render judgment and issue execution therefor and 
for costs against the town. — Id., s. 8. 

(a) The form of such petition may be, — 
G ss. To the Supreme Court : 

A B, of the town of , in said county, represents that [here state facts, as in the 

application to the selectmen]. 

Your petitioner, on the — day of , 18—, made an application to the selectmen of 

said town to appraise the damage done to said building by order of the firewards as 
aforesaid, and assess a tax for the payment thereof; but said selectmen have wholly 
neglected and refused to appraise such damage and assess such tax, although more than 
three mouths have elapsed since said application. Wherefore he prays that said court 
will ascertain such damage and render judgment and issue execution therefor, and for 
costs against said town. 

, by his Attorney. 

9. Regulations. The firewards may establish such reg- 
ulations respecting the kindling, guarding, and safe-keeping 



384 FIREWARDS AND FIREMEN. 

of fires, for the prevention and extinguishment of fires, and 
for the removal of shavings and other combustibles from any 
building or place, as they shall think expedient, which shall 
be signed by the major part of the firewards, recorded by 
the town-clerk, and posted in two or more public places in 
the town, thirty days before they shall take effect. Penal- 
ties (1) not exceeding twenty dollars for each offence may 
be prescribed by the firewards for the breach of such regu- 
lations.— Id., s. 9. 

(1) Towns have like authority to impose penalties. — See ante p. 10, s. 7. 
(a) The form of such regulations may be, — 

REGULATIONS BY FIREWARDS. 

I. No person shall place or keep any ashes in any wooden vessel under days 

from the time such ashes shall have been taken from any stove, fire-place, or other 
place of a fire. 

II. No person shall keep any friction matches except in some incombustible vessel 
or place. 

III. No person shall kindle any fire in the open air within rods of any dwelling 

in the village of , except the same shall be constantly under the immediate watch 

and care of some competent person. 

IV. No person, etc., etc. 

V. Any person who shall violate any of the above regulations shall for each offence 
forfeit the sum of fifteen dollars. 

Said regulations shall take effect from and after the — day of next. 

Given under our hands, at , this — day of s 18—. 

, ) Firewards of 

— , \ the town of 



(b) I certify that the above regulations were duly recorded on this — day of , by 

me. , Town Clerk. 

(c) There should be a certificate of posting, as in case of a warrant for town-meet- 
ing.— Ante p. 48, s. 14 (a). 

The statute does not provide for posting a copy, and it may be well to make dupli- 
cates and post originals. 

10. Dangerous fires. Every fireward shall cause any 
fire deemed by him to be dangerous, in any street or else- 
where, to be extinguished or removed. — Id., s. 10. 

11. Duties of chief. The chief fireward shall keep or 
cause to be kept in order all apparatus provided by such 
town for the extinguishment of fires, and cause all cisterns 
and sources of water prepared for the fire department to be 
fully supplied and kept in order ; and shall annually report 
to the town the condition of all the apparatus under his care 



FIREWARDS AND FIREMEN. 385 

belonging to the town, and the amount expended for repairs 
thereon. — Id., s. 11. 

12. COMPENSATION. The chief fireward shall be paid for 
his services such compensation as the selectmen shall think 
reasonable ; and the bills for necessary repairs of the appa- 
ratus provided for the extinguishment of fires made by his 
direction, being approved by him, shall be paid by the select- 
men. — Id., s. 12. 

13. Firemen. The firewards shall appoint firemen, not 
exceeding twenty for each ordinary hand engine, fifty for 
each larger suction engine, fifteen for each steam engine, 
and twenty for each hose and hook-and-ladder carriage, 
whose warrants shall be signed by the chief fireward and 
clerk; and they shall be exempted from serving on juries 
and from military duty. — Id., s. 13. 

(a) The form of vote and record thereof may be, — , 

At a meeting of the board ©f firewards of the town of , at in said town, on 

the — day of , 18—, at — o'clock in the noon. 

Voted to appoint [here insert the name?] as firemen for Fire Engine Company No. 
— , in said town. 

A true record. 

Attest: , Clerk. 

(b) And the form of warrant maybe,— 
To A B, of the town of .- 

You are appointed a fireman for Fire Engine Company No. — , in said town. 
Witness our hands this — day of , 18—. 

, | Chief Fireward. 

, ) Clerk of Firewards. 

(c) The former statute provided that appointments of firemen should continue in 
force " until they shall resign, remove from town, or be discharged by the firewards, 
and such discharge recorded by their clerk." 

It is presumed that their tenure of office is the same under the present statute. See, 
also, ante p. 113, c. 20, as to vacancies. 

14. Duties of officers. The firemen shall be organ- 
ized in such companies, shall appoint such officers, and shall 
be subject to such duties, in relation to the care, preserva- 
tion, and use of the public property intrusted to them, and 
to meeting for drill in the management thereof, as the fire- 
wards shall direct or approve ; and shall by night and day, 
under the direction of the firewards, use their best endeav- 

17 



386 FIREWARDS AND FIREMEN. 

ors to extinguish any fire that may happen in their city or 
town or the vicinity thereof. — Id., s. 14. 

(a) Suits by firemen and fire companies, see 27 R. 220; 43 R. 265; Digest, p. 375, ss. 
5, 6. 

15. List to be returned. The chief officer of each 
company of firemen shall annually, in September, make and 
certify under oath a list of those firemen who have faith- 
fully performed all their duties in his company, and return 
the same to the selectmen ; and each person so returned 
shall receive in October three dollars for his services, and 
such further sum as may be voted by the town. — Id., s. 15. 

(a) The form of such return may be, — 

, Sept. — , 18—. I hereby certify that the following persons, viz. [here insert the 

names] have faithfully performed all their duties as firemen in Fire Engine Company 
No. — , in said town, since their appointment [or "during the past year "] . 

, Foreman. 

Certificate of oath in the usual form. — Ante p. 122, s. 9 (c). 

16. Buckets and ladders. Every town may, by vote 
or by-law, provide that every house or building with fire- 
places or stoves, in the town, or in a definite part of the 
town, (1) shall have thereon a good, secure ladder, reaching 
from the ground to the ridgepole, and shall be provided with 
one leathern bucket, of such form as the fire wards may pre- 
scribe, for every two fire-places or stoves in such house, un- 
der a penalty of six dollars for every three months' neg- 
lect. — Id., s. 16. 

(1) If the rote does not include the whole town, it should include such a highway 
district, or in some way designate the part of the town to which it is to apply by defi- 
nite boundaries. 

17. Firewards may order ladders. Similar ladders 
shall be kept on all buildings on which the firewards (1) 
judge them to be necessary, in those towns and parts of 
towns in which such ladders are or may be legally required 
on any building, subject to the like penalty for neglect. — 
Id., s. 17. 

(1) They may order in such cases without any vote of the town. 

18. Penalty, by whom pald. Such penalty shall be 



FIRE WARDS AND FIREMEN. 387 

paid by the owner, if known and resident in the town, oth- 
erwise by the occupant ; and any tenant who may be com- 
pelled to pay such penalty may retain the amount thereof 
and the costs from his rent, or recover the same amount of 
his lessor in an action for money paid to his use. — Id., s. 18. 

19. Buildings to be repaired. If any building is 
deemed by the firewards to be dangerous to the property of 
others, by reason of decay, want of repairs, or otherwise, 
they may give written notice (1) to the owner to repair or 
alter the same, which shall contain a particular account of 
the repairs or alterations required to be made. If the owner 
does not reside in the town, such notice may be given to the 
occupant, and if there is no occupant, such notice may be 
posted in at least three public places in such town, or pub- 
lished.— Id., s. 19. 

(1) The form of notice may be,— 
To A B,C D, etc., of : 

You are hereby notified that the building [describe it and its location], in the town 

of , is deemed by the firewards of said town to be dangerous to the property of 

others, by reason of decay and want of repairs, and you are required by them to make 
the following repairs and alterations in the same : [Here specify the particular repairs 
required, which should not go beyond what is strictly necessary to make the building 
safe against fire.]— See 8 R. 328; Digest, p. 375, ss. 1-3. 

Witness our hands this — day of , 18—. 

, ) Chief Fireward. 

, J Clerk ©f said Firewards. 

20. Penalty for neglect. If such repairs or altera- 
tions are not made within thirty days after such notice given, 
posted, or published, the owner or occupant so notified shall 
be liable to a penalty of ten dollars for each month's neglect, 
and shall be liable to the owner of any building or property 
consumed by fire communicated from such dangerous build- 
ing, for all damages, as he would be if he had wilfully set 
fire to such dangerous building — Id., s. 20. 

21. Engineers. The selectmen, being authorized by 
ote (1) or by-law of any town, shall appoint a chief engi- 

leer and assistant engineers, and clerk of the fire depart- 
nent, who shall respectively have the powers and perform 
:he duties of the chief and other firewards and their clerk, 



388 FIREWARDS AND FIREMEN. 

and as a board shall have the powers and perform the duties 
of the board of fire wards. — Id., s. 21. 

(1) There should be an article in the warrant. 

(a) For forms of appointment, see ante p. 116, s. 6 (1). 

22. Cause of fire inquired into. The board of fire- 
wards or engineers of any town have power to inquire into 
the cause and origin of any fire, and to compel the attend- 
ance of witnesses to testify before them upon such inquest, 
and for that purpose have the powers vested in justices of 
the peace. — Id., s. 22. 

23. Towns adopting this chapter. This chapter 
shall be in force in any town in which apparatus for the ex- 
tinguishment of fires shall be provided at the public expense, 
and firewards or fire engineers shall be duly elected or ap- 
pointed. — Id., s. 23. 

24. Previous statutes. But the statutes now in 
force (1) in any town, relating to the extinguishment of 
fires, shall remain in force, subject to be repealed or super- 
seded by vote of the town. — Id. 

(1) Such statutes are in force only in those towns in which they hart been adopted in 
whole or in part by a vote of the town, upon an article in the warrant for that purpose, 
before the General Statutes took effect.— R. S., c. Ill, s. 24; C. S., c. 114, s. 28, c. 115, 8. 
9, c. 117, s. 3. 

25. Reservoirs. Any town may take any parcel of 
land within its limits, and erect thereon any structure, and 
make any excavations, and construct dams, and do such 
other things as may be necessary for maintaining a reser- 
voir of water to be used in case of fire. The method of 
taking such land, and the assessment of damage to the land- 
owner, shall be the same as is by law provided in cases 
where land is taken for a highway. — G. L., c. 37, s. 7. 

26. Outer doors to open outward. The outer 
doors, and doors of all passages leading outwards, of all 
churches, school-houses, public halls, and buildings to be 
used for public purposes, except depots, hereafter con- 
structed, shall open outwards. — G. L., c. 106, s. 24. 



VILLAGE FIRE DISTRICTS. 389 

27. Penalty for neglect. If any person (1) shall 
neglect to comply with the provisions of the preceding sec- 
tion, he shall pay a fine not exceeding five hundred dollars 
for the benefit of the county where such building is located, 
to be recovered by indictment. — Id., s. 25. 

(1) This includes corporations.— Ante p. 2, s. 9. 



CHAPTER LXI. 

VILLAGE FIRE DISTRICTS. 

1. Selectmen mat form. Upon petition (1) of ten or 
more legal voters, inhabitants of any village situate in one 
or more towns, the selectmen of such town or towns shall 
fix by suitable boundaries a village fire district, including 
such village and such parts of the town or towns adjacent 
as may seem to them convenient, and make a record thereof. 
G. L., c. 107, s. 1. 

(1) To the Selectmen of the toicn [towns'] of : 

The undersigned, inhabitants of the village of , situate in the town [towns] of 

, request you to fix by suitable boundaries a village fire district, including such 

village and such part of the town [towns] adjacent as may seem to you convenient, and 
make a record thereof. 

Date and signatures. 

(a) If not strictly necessary, it may be expedient to proceed as in proceedings affect- 
ing the interests of towns, posting the notice as in case of a warrant for town-meeting, 
and proceeding as in other hearings before town officers.— Ante p. 118. 

(b) The final order, as ante p. 124, s. 13, will say, — 

And we hereby fix a village fire district, including said village, to be known as the 

Village Fire District, and bounded as follows [here give territorial limits by 

distinct bounds] : 

Date, signatures, and recording, as ante p. 125(c) (d). 

2. Meeting called. Said selectmen shall notify a meet- 
ing of the legal voters residing in said district in the same 
manner (1) in which town-meetings are required by law to be 
called, the notice for such meetings being posted at two pub- 
lic places (2) in said district. At such meeting the legal 
voters may by vote establish such district, and shall there- 



390 VILLAGE FIRE DISTRICTS. 

upon be invested with the powers specified in this chapter, 
and be subject to the laws relating to fire wards and the ex- 
tinguishment of fires. — Id., s. 2. 

(1) See ante p. 46, s. 13 (c). 

(2) At a legal meeting of the Village Fire District, pursuant to a warrant from 

the selectmen at in said district, on the — day of , 18—, at o'clock in the 

noon, A B was chosen moderator of said meeting, and took the oath of office by law 

prescribed. C D was chosen clerk of said meeting, and took the oath of office by law 
prescribed. 

Voted, To establish a Village Fire District, with the boundaries and name designated 
by the selectmen in their return, as recorded in the office of the town-clerk. 

3. Election of officers and firemen. The voters 
at said meeting and at each annual meeting shall elect by 
ballot a moderator and clerk, and so many firewards or en- 
gineers as they shall think necessary, who shall exercise in 
relation to the district meetings the like powers to those of 
moderator, clerk, and selectmen of towns; and the firewards 
and clerk shall have in said district the same powers and 
perform the same duties as the like officers in towns ; and 
the firemen by them appointed shall have the same rights 
and immunities and be subject to the same duties as fire- 
men in towns. — Id., s. 3. 

4. Fire apparatus. Such district may vote to raise 
money and purchase one or more fire-engines, hose, hooks, 
ladders, engine-houses, and all apparatus usual or necessary 
for the extinguishment of fire, to light and sprinkle the 
streets thereof, and for other necessary charges and expenses 
of said district ; may purchase or procure land, not exceed- 
ing half an acre, and may erect thereon suitable and neces- 
sary buildings for the purposes of said fire district ; which 
vote shall be certified by the clerk to the selectmen, and the 
sums so voted, assessed, collected, and paid over to said fire- 
wards in the same manner as school-district taxes are 
assessed and collected. If a suitable location, or the neces- 
sary buildings for the purposes of any fire district, cannot be 
procured for a reasonable price, the selectmen of the town 
or towns in which the fire district is situated, upon petition 



VILLAGE FIRE DISTRICTS. 391 

of ten or more voters in said district, may lay out a lot of 
land not exceeding half an acre, and appraise the damages 
to the owner, who shall have like remedy for increase of 
damages as if the same were laid out for a highway. — Id., s. 
4, as amended by Laws of 1879, c. 57, s. 20. 

5. Annual meeting. A meeting of said district shall 
be annually held at such time as the district may determine, 
at which said firewards shall submit an account of their 
receipts and disbursements, for allowance, and make report 
of the condition of the property of the district in their care; 
and special meetings may be called when there shall be 
occasion. — Id., s. 5. 

6. Neglect to warn. If the firewards unreasonably 
neglect or refuse to warn a meeting, (1) or to insert any 
article in their warrant, a justice of the peace, upon appli- 
cation in writing of one sixth part of the voters of such dis- 
trict, may issue a warrant for such meeting. — Laws of 1883, 
c. 6, s. 1. 

(1) The application may be similar in form to one for a town-meeting.— Ante p. 50, 
s. 19. 

7. Application to justice. If the annual meeting in 
any fire district or fire precinct shall not have been held 
within such time as the district may determine, or if there 
has never been any legal meeting of the district, or if, by 
reason of the death, removal from the district, disability, or 
resignation of the board of firewards, no member of the 
board remains in office, a justice of the peace, (1) on appli- 
cation of ten voters, or one sixth part of the voters of the 
district, may issue a warrant for such meeting. — Id., s. 2. 

(1) See ante p. 51, s. 21. 

8. Boundaries changed. The selectmen of the towns 
in which village fire districts or precincts have been estab- 
lished, upon petition, after notice to parties interested and 
a hearing, may change the boundaries thereof, their decision 



392 GUNPOWDER AND NITRO-GLYCERINE. 

being recorded in the books of the district. — G. L., c. 107, 
s. 6. 

9. Existing districts. Village precincts established 
under the laws heretofore in force shall have the rights con- 
ferred by this chapter, and shall be governed by its pro- 
visions. — Id., s. 7. 



CHAPTER LXII. 

GUNPOWDER AND NITRO-GLYCERINE. 

1. Regulations for gunpowder. The board of fire- 
wards, if any, or the selectmen of any town, may establish 
rules and regulations (1) from time to time relative to the 
times and places at which gunpowder may be brought to or 
carried from such town, by land or water, and the time 
when and the manner in which the same may be transported 
through the same. — G. L., c. 108, s. 1. 

(1) See ante p. 384, s. 9, and notes. 

2. Searches for powder. Any two firewards, police 
officers, or selectmen may search any building in the com- 
pact part of any town, and any vessel lying in any port in 
which they have cause to suspect that gunpowder in a 
greater quantity than twenty-five pounds is kept or stored; 
and in case a greater quantity shall be found, shall seize the 
same as forfeited. — Id., s. 2. 

3. Keeping or storing. Any person who shall keep 
or knowingly suffer any quantity of gunpowder greater than 
twenty-five pounds to be kept or stored in any such build- 
ing or vessel, or aid or assist in keeping or storing the same, 
or shall know that the same is so stored or kept, and shall 
not forthwith inform one of the firewards, police officers, or 
selectmen thereof, shall forfeit a sum not more than five dol- 
lars for every day the same shall be so stored or kept. — Id., 
s. 3. 



GUNPOWDER AND NITRO- GLYCERINE. 393 

4. Mode of keeping secure. Gunpowder kept for 
retail, in quantities less than twenty-five pounds, shall at all 
times be kept in a canister of tin or other metal, securely 
covered from fire, or if the same is kept in a cask or wooden 
combustible vessel, the said cask or vessel shall be enveloped 
in a close leathern bag ; and if any person shall keep any 
gunpowder for retail in any other manner, he shall forfeit a 
sum not more than five dollars for every day the same shall 
be so kept. — Id., s. 4. 

5. Transportation. No gunpowder shall be trans- 
ported through the compact part of any town or village in 
greater quantities than one hundred pounds, nor unless the 
casks containing the same are enveloped in close leathern 
bags, unless it shall be conveyed in a closely covered car- 
riage ; and if any person shall transport any greater quan- 
tity of gunpowder, or in any other manner, he shall forfeit a 
sum not exceeding fifty dollars. — Id., s. 5. 

6. Loaded carriages. No carriage upon which there 
shall be a greater quantity than twenty-five pounds of gun- 
powder shall be suffered to stand in any building, or near 
any dwelling-house, store, or other building in the compact 
part of any town ; and any person who shall stop, place, or 
leave any such carriage as aforesaid shall forfeit a sum not 
exceeding fifty dollars. — Id., s. 6. 

7. Peddling. If any person shall carry from town to 
town, or from place to place, any gunpowder, for the pur- 
pose of peddling or selling it by retail in quantities less than 
twenty-five pounds, or shall sell or offer to sell by retail any 
gunpowder in any highway or street, or on any wharf, pa- 
rade, or common, or if any person shall sell or deal out any 
gunpowder in the night-time, between sunset and sunrise, 
he shall forfeit for each offence a sum not more than five 
dollars, nor less than one dollar. — Id., s. 7. 

8. Seizure. Any gunpowder kept or stored in any build- 
ing as aforesaid, or kept for retail, or transported contrary 

*17 



394 GUNPOWDER AND NITRO-GLTCERINE. 

to the provisions of this chapter, or found on any carriage 
left standing contrary to the foregoing provisions, or carried 
for the purpose of peddling or retail, or offered for sale con- 
trary to the foregoing provisions, shall be forfeited ; and any 
fireward, police officer, or selectman may seize the same as 
forfeited. — Id., s. 8. 

9. Master to deposit. The master of any merchant 
ship or vessel, bringing into any port in this state gunpow- 
der in quantity greater than twenty-five pounds, shall de- 
posit in the public magazine, if any is there provided, all 
gunpowder so brought by him, within forty-eight hours ; if 
he shall neglect so to deposit the same, he shall forfeit the 
sum of one hundred and fifty dollars. — Id., s. 9. 

10. Penalties, how recovered. All penalties and 
forfeitures of money incurred by any violation of this chap- 
ter shall be sued for and recovered by action of debt, to be 
brought by the firewards, police officers, or selectmen, in the 
name of the town, and shall be expended in the purchase of 
such articles as are proper to be used in the extinguishment 
of fires. — Id., s. 10. 

11. Nitro-glycerine. No person shall transport or 
have in his possession for the purpose of transporting in 
any public conveyance, nor shall any person leave, deposit, 
or have in his possession in any dwelling-house, shop, or 
manufactory, dynamite, giant powder, nitro-glycerine, or 
any explosive compound of which nitro-glycerine forms a 
part. Any violation of this act shall be punished by a fine 
of not more than five hundred dollars nor less than one hun- 
dred dollars. — Laws of 1885, c. 96. 



EXPLOSIVE ILLUMINATING OILS. 395 

CHAPTER LXIII. 

EXPLOSIVE ILLUMINATING OILS. 

1. Appointment of inspectors. The mayor and alder- 
men of every city, and the selectmen of every town of more 
than fifteen hundred inhabitants, and of every town of less 
than fifteen hundred inhabitants upon the written applica- 
tion of five or more citizens of such town therefor, shall ap- 
point (1) annually one or more suitable persons, not interested 
in the sale of crude petroleum, or in the sale and manufac- 
ture of petroleum, rock-oil, or any of their products, or -who 
is not the employe of any person so interested, to be inspec- 
tor or inspectors thereof in said city or town, and fix their 
compensation, to be paid by persons requiring their services 
under the provisions of this statute, and who, before enter- 
ing upon the duties of their office, shall be duly sworn. (2) 
Any inspector guilty of fraud, deceit, or culpable negligence 
in the performance of his duties shall be punished by fine 
not exceeding one hundred dollars, or imprisonment in the 
county jail or house of correction not exceeding one month, 
or by both, in the discretion of the court.. G. L., c. 122, s. 
30, as amended by section 23 of chapter 57 of the Laws of 
1879. 

(1) See ante. p. 115, 3. 6 and notes. 

(2) See ante p. 116, s. 6 (1). 

2. Sales regulated. No person shall mix for sale 
naphtha and illuminating oils, or shall sell or offer for sale 
such mixture, or shall sell or offer for sale, except for pur- 
poses of rem anufacture, illuminating oils or compounds made 
from coal or petroleum which will evaporate a gas under 
one hundred degrees Fahrenheit, or ignite at a temperature 
of less than one hundred and twenty degrees Fahrenheit, — 
to be ascertained by the application of Tagliabue's or some 
other approved instrument ; and any person so doing shall, 



396 EXPLOSIVE ILLUMINATING OILS. 

for each offence, be punished by a fine not less than one 
hundred dollars, or imprisonment, as provided in the pre- 
ceding section ; and shall also be liable therefor to any per- 
son suffering damage from the explosion or ignition of such 
oil thus unlawfully sold, or kept, or offered for sale ; and 
such oil or compounds thus unlawfully sold, or kept, or 
offered for sale, and the casks or packages containing the 
same, shall be forfeited (1) and sold, one half of the pro- 
ceeds of such sale to go to the state, and the other half to 
the informer. — Id., s. 31, as amended by s. 24 of c. 57 of the 
Laws of 1879. 

(1) By proceedings under c. 267, Gen. Laws. 

3. Branding UNSAFE. For all the purposes of this 
chapter, all illuminating oils or compounds made from coal 
or petroleum, having an igniting point of less than one hun- 
dred and twenty degrees Fahrenheit, to be determined in 
the manner provided in the preceding section, shall be 
deemed to be mixed with naphtha, and shall be branded un- 
safe for illuminating purposes. — Id., s. 32, as amended by s. 
24 of c. 57 of the Laws of 1879. 

4. Selling under false name. Any person who shall 
sell, or keep, or offer for sale naphtha, under any false or as- 
sumed name, shall for each offence, upon conviction thereof, 
be liable to the same penalties provided, and shall be sub- 
ject to the same liabilities set forth, in the thirty -first section 
of this chapter. — Id., s. 33. 

5. Storage regulated. Crude petroleum, or any of 
its products, may be stored, kept, manufactured, or refined, 
in detached and properly ventilated buildings specially 
adapted to the purpose, and surrounded by an embankment 
constructed so as to effectually prevent the overflow of said 
petroleum or any of its products beyond the premises on 
which the same may be kept, manufactured^ or refined, 
said buildings to be occupied in no part as a dwelling ; and 
if less than fifty feet from any other building, must be sep- 



EXPLOSIVE ILLUMINATING OILS. 397 

arated therefrom by a stone or brick wall at least ten feet 
high and twelve inches thick ; and any person keeping such 
articles in any other kind of a building, except as herein- 
after provided in section thirty-five, shall be punished by 
fine or imprisonment in the manner provided in section 
thirty-one. — Id., s. 34. 

6. Dealers licensed. No person shall manufacture, 
refine, mix, store, or keep for sale any oil or fluid composed 
wholly or in part of any of the products of petroleum, in 
any city or town, except as provided in this chapter, with- 
out a license first having been obtained from the mayor and 
aldermen of said city, or the selectmen of said town ; and in 
said license there shall be expressed the manner, and the 
portion of any locality or building, in which said articles 
may be mixed, stored, or kept; and whoever mixes, stores, 
or keeps said articles in any one locality, except as aforesaid, 
without having first obtained a license as herein required, 
or having obtained such license, mixes, stores, or keeps said 
articles in a different manner, or- in any other portion of 
said locality or building than is expressed in said license, 
shall forfeit and pay a sum not exceeding five hundred dol- 
lars, to be recovered in any appropriate form of action to be 
instituted in the name of the mayor of said city or the 
selectmen of said town, — one half to go to the state, and one 
half to the informer; and the license granted in accordance 
with the provisions of this section shall continue to be in 
force from the time of granting the same until the first day 
of April next succeeding, unless sooner revoked ; and said 
license shall be revokable at all times by the authorities 
granting the same. — Id., s. 35. 

7. Search-warrant. Upon complaint (1) made to the 
justice of any municipal or police court, or to a justice of 
the peace, by the mayor, or by an alderman of any city, or 
by a selectman of any town, or by an inspector appointed 
under the provisions of this chapter, or an engineer of a fire 



398 EXPLOSIVE ILLUMINATING OILS. 

department, fireward, chief of police, or city marshal, that 
he has probable cause to suspect, and does suspect, that any 
of the articles emumerated in the six preceding sections are 
offered for sale, or are deposited and kept within the limits 
of said city or town contrary to the provisions thereof, said 
justice or court may issue a warrant directed to any such 
inspector, engineer, or fireward, or to any sheriff, deputy- 
sheriff, constable, or police officer, ordering him to enter any 
shop, warehouse, manufactory, or any other building spec- 
ified in the warrant, to make diligent search for such article 
or articles suspected to be so offered for sale, deposited, or 
kept, and to make return of his doings to said justice or 
court forthwith. — Id., s. 36. 



(1) To A B,a Justice of the Peace for the county of- 



C D, a selectman of the town of in said county, on oath complains that he has 

probable cause to suspect, and does suspect, that naphtha and illuminating oils mixed 
with naphtha, made from coal and petroleum, that will evaporate a gas under one hun- 
dred degrees Fahrenheit, and ignite at a temperature of less than one hundred and 
twenty degrees Fahrenheit, are deposited, kept for sale, and offered for sale in the base- 
ment of [describe the buiiding and its location], contrary to the provisions of section 
thirty-one of chapter one hundred and twenty-two of the General Laws of the state of 
New Hampshire. Wherefore said C D prays that said justice may issue a warrant to 
enter and search said building for such articles [and seize the same if found], as pro- 
vided by section thirty-six of said chapter. 

[Signature.] 

ss. , 18—. Then the said C D made oath that the above complaint by him 

signed is true. 

Before me, 

, Justice of the Peace. 

[L. S.] THE STATE OF NEW HAMPSHIRE. 

SS. 

To [state name and office] : 

Whereas C D, of in said county, has made his complaint aforesaid upon oath, 

and requested the issuing of a warrant to search the building named in said complaint: 
in the name of said state you are authorized and commanded to enter said building 
specified in said complaint, and make diligent search (1) for such prohibited articles men- 
tioned in said complaint, suspected to be deposited, kept for sale, and offered for sale, 
and to make return of your doings to me, said justice, forthwith. 

Given under my hand and seal this — day of , 18—. 

, Justice of the Peace. 

(1) Query, Whether he can be authorized to seize. 

8. Limitation for keeping. None of the articles enu- 
merated in said six sections shall be allowed to remain in 
any street, lane, alley, or travelled way, or upon any wharf, 



SALE OF INTOXICATING LIQUORS. 399 

or in any yard, or on the grounds of any railroad corpora- 
tion, in any city for a longer time than twenty-four hours, 
and in any town for a longer time than forty-eight hours, 
without a special permit from the mayor and aldermen of 
said city, or the selectmen of said town, or from some per- 
son by them duly authorized ; and any and all persons so 
keeping such articles for a longer time shall be punished by 
a fine of not more than fifty dollars for each and every 
offence. — Id., s. 37. 

9. Inspection. No person shall sell, or keep for sale or 
in storage, an y crude or refined petroleum, naphtha, kerosene, 
earth-rock, machinery, or illuminating oil, in any city or 
town, without having the same inspected and approved by 
an authorized inspector. And any person violating the pro- 
visions of this section shall be fined and imprisoned in the 
manner provided in section thirty-one. — Id., s. 38. 



CHAPTER LXIV. 

SALE OF INTOXICATING LIQUORS. 

1. Agents to make sales. One or more agents, not 
exceeding three, shall be appointed by the selectmen of 
each town, except such as have voted that no such appoint- 
ment be made, for the sale of spirit, who shall hold their 
offices for one year, or until another is appointed, but may 
be removed at the pleasure of the selectmen. No innkeeper, 
or keeper of any place of public entertainment, or any per- 
son who has been convicted of, or has paid any fine or costs, 
or been imprisoned for any violation of any provision of this 
chapter, shall receive or hold such appointment. — G. L., c. 
109, s. 6. 

2. For what purposes. Such agent may sell spirituous 
liquor to be used in the arts, and for medicinal, mechanical, 



400 SALE OF INTOXICATING LIQUORS. 

and chemical purposes, and wine for the commemoration of 
the Lord's supper, and for no other use or purpose whatever. 
—Id., s. 7. 

3. False statements to. If any person purchasing 
any spirituous liquor shall intentionally make to such agent 
any false statement regarding the use to which such liquor 
is intended by the purchaser to be applied, he shall for the 
first offence be 'fined ten dollars, and for any subsequent 
offence twenty dollars, for the use of the town. — Id., s. 8. 

4. Compensation. Such agent shall receive for his ser- 
vices such fixed and stipulated compensation as the select- 
men shall prescribe, which shall not be increased or dimin- 
ished by reason of the 'amount of sales made ; and he shall 
not be interested, except as an inhabitant of the town, in 
said liquor, or in the purchase or sale of profits thereof. — Id., 
s. 9. 

5. Regulations. Such agent shall conform to such 
rules and regulations as the selectmen may prescribe ; shall 
keep, and, when required, exhibit to them, or any justice of 
the peace, an accurate account of all his purchases, showing 
the date, kind, quantity, and price of the liquor bought by 
him, and of whom ; the date, kind, quantity, and price of 
the liquor sold by him ; the name of the purchaser, and the 
use for which on each sale the liquor was sold, as stated by 
the purchaser ; and shall pay over so much of the proceeds 
of sales as the selectmen direct to the treasurer of the town. 
—Id., s. 10. 

6. Account and annual report. Such agent shall 
sell such liquors at the profit determined by the selectmen, 
and, when required, shall exhibit to them, or any justice of 
the peace, all books, bills, receipts, and papers of every kind 
relating to his dealings and accounts, and, before the first 
day of March annually, shall make a report under oath of 
all his purchases and the costs thereof, and of all sales and 
the proceeds thereof, specifying the number of sales, the 



SALE OF INTOXICATING LIQUORS. 401 

quantities and kinds sold for each of the purposes for which 
he is authorized to sell, and the quantity, kind, and cost of 
all liquor remaining on hand at the date of such report. — 
Id., s. 11. 

7. Record of appointment. Every such agent shall 
receive from the selectmen a certificate of his appointment, 
with the rules and regulations prescribed for his observance, 
which shall be recorded by the clerk of the town. — Id., 
s. 12. 

(a) The form of appointment, with the rules, etc., may be,— 
To A B, of the town of : 

Having confidence in your integrity and prudence, we hereby appoint you an agent 
for the sale of spirit, as provided by chapter 109 of the General Laws, to hold your 
office for one year or until another is appointed, unless removed by the selectmen. 

You shall conform to the following rules and regulations : 

I. You will purchase of state agents and no others. 

II. You shall not make any purchase upon the credit of the town. 

III. You shall sell for cfiSh only. 

IV. You shall not sell to any person habitually or occasionally intoxicated. 

V. You shall not sell to any minor except upon the written order of his parent, mas- 
ter or guardian, or the written prescription of a physician. 

VI. You shall not sell in the night-time nor upon the Sabbath except in cases of urg- 
ent necessity. 

VII. You shall keep an accurate account of your purchases and sales, with the par- 
ticulars required by section 10 of said chapter. 

VIII. You shall sell at per cent, gross profit upon the first purchase. 

IX. You will annually before the first day of March make a report of your doings, 
as required by section 11 of said chapter. 

Witness our hands this — day of , 18—. 

Selectmen of 
the town 
of . 

This should be recorded by the town-clerk as ante p. 104 (d), and an indorsement 
made of the record upon the appointment. 

(b) These rules must not be made so stringent as to defeat the object of the law, or 
the selectmen will be subject to indictment. — 42 R. 125; Digest, p. 586, ss. 9, 10. 

The regulations may prohibit any purchase upon credit of the town, and the appoint- 
ment containing the prohibition being recorded, the seller is charged with notice and 
canno^ recover against the town, unless the town with a knowledge of the way they 
were purchased receive the liquors and apply them to its use. — 42 R. 125 ; 59 R. 161 ; 
Digest, p. 586, ss. 9-13. 

In the absence of any prohibition a purchase upon the credit of the town is valid, 
and the selectmen may give a note for the price. — 41 R. 32; Digest, p. 586, s. 15. 

In the absence of any regulations by the selectmen upon the subject, a sale by the 
town agent upon credit is legal and a note given for the price valid. — 42 R. 324; Digest, 
p. 586, s. 14. 

8. Illegal sales by agent. If any such agent shall 
knowingly sell any spirituous liquor for any other purpose 



402 SALE OF INTOXICATING LIQUORS. 

tlian those for which he is hereby authorized to sell the 
same, or shall knowingly and intentionally violate any rules 
herein prescribed, or any rule or regulation of the selectmen, 
he shall be fined (1) fifty dollars ; and for any subsequent 
offence he shall be fined fifty dollars and imprisoned not ex- 
ceeding ninety days. — Id. 

(1) Since the selectmen may remove at any time, they should not wait for the inflic- 
tion of penalties, but remove at once upon satisfactory evidence or well grounded sus- 
picion of intentional violation of law by the appointed agent. 

(a) The form ef removal may be as follows: 
To , of the town of : 

Tou are hereby removed from the office of agent for the sale of spirit, and will turn 

over all property, books, and papers pertaining to your agency to , of said 

town. 

Given, etc. 

This should be served and a record made by the town-clerk as ante p. 117 (c) (d). 

9. Governor to appoint. The governor shall from 
time to time appoint one or more suitable persons to furnish 
the agents appointed in towns for the sale of spirituous liq- 
uor with pure, unadulterated spirituous liquors, on such 
terms and under such regulations and restrictions as to 
him may seem proper. — Id., s. 1. 

10. Bond to be given. The person so appointed shall 
give bond to the state, for the benefit of such towns as shall 
be injured by a breach of the condition thereof, in such sum 
not less than ten thousand dollars as the governor may deem 
sufficient, with condition that such person shall furnish to 
such agents pure and unadulterated spirituous liquors, upon 
the terms and in conformity with the regulations and re- 
strictions prescribed. — Id., s. 2. 

11. Notice of appointment. The governor, upon such 
appointment, shall notify the town agents severally thereof, 
and of the terms, restrictions, and regulations by him pre- 
scribed, in such manner as he shall deem proper ; and such 
agents thereafter shall purchase of the person so appointed, 
and no other, all such spirituous liquors as may be required 
for sale in their towns. — Id., s. 3. 

12. Adulterating liquors. If any such agent shall 



SALE OF INTOXICATING LIQUORS. 403 

adulterate any spirituous liquor which he may keep for sale, 
or shall buy any spirituous liquor of any other person than 
the person so appointed by the governor, he shall forfeit for 
each offence fifty dollars, for the use of the town. — Id., s. 4. 

13. State not to be liable. No such appointment 
shall pledge the credit of the state for the payment of any 
liquors purchased by any town agent. — Id., s. 5. 

14. Sales by persons not agents. If any person not 
being an agent of a town for the purpose of selling spirit 
shall sell or keep for sale (1) any spirituous liquor, in any 
quantity, he shall be fined fifty dollars ; and for any subse- 
quent offence he shall be fined one hundred dollars, or be 
imprisoned not exceeding ninety days, or both. — Id., s. 13. 

(1) Definition, see ante p. 5, s. 31. 

(a) Every sale of spirituous liquor in this state is presumed to be illegal till the con- 
trary is shown by the production of a proper license, and when illegal there can be no 
recovery for the price. 

But such liquors are property, and are under the protection of the constitution. They 
may be attached and sold on execution. A purchaser in possession, though by a sale 
from an unlicensed person, may maintain trespass against any one who takes them away 
without legal authority.— See Digest, p. 586, ss. 1-4; 1 Gray 1; 3 Gray 569. 

(b) Prohibitory laws are constitutional.— Digest, p. 586, s. 5: 24 Pick. 352; 12 Cush. 
506. 

(c) Ale is not within the prohibition, but may be so mixed with spirituous liquor 
that a sale of the compound would be unlawful.— 44 R. 511; Digest, p. 229, s. 196; 6 
Cush. 247; 6 Met. 14. 

(d) To subject the party to the penalty the sale must be complete.— 33 R. 183; Digest, 
p. 230, s. 200; 6 Gray 9. 

(e) A married woman is liable though the sale was made by her as servant of her hus- 
band, if done in his absence.— 35 R. 207; Digest, p. 230, s. 205. See also 2 Gray 510; 14 
Gray 389; 1 Allen 4. 

15. Common seller. If any person not being au agent 
as aforesaid shall be a common seller of spirituous liquor, he 
shall be fined one hundred dollars, and be imprisoned not 
more than six months. — Id., s. 14. 

16. Soliciting orders. If any person shall within this 
state solicit (1) or take any order for any spirituous liquor, 
to be delivered at any wharf, depot, or other place without 
this state, knowing, or having reasonable cause to believe, 
that if so delivered the same will be transported to this state 
and sold in violation of the laws thereof, he shall be fined 



404 SALE OF INTOXICATING LIQUORS. 

fifty dollars' for the first offence of which he shall be con- 
victed, and upon any subsequent conviction he shall be fined 
one hundred dollars, or imprisoned not more than ninety 
days. — Id., s. 18. 

(1) Sees. 17(1) post. 

17. Itinerating. If any person shall go from place «to 
place soliciting (1) or taking orders for spirituous liquors to 
be delivered as aforesaid, and with the purpose aforesaid, 
he shall be fined one hundred dollars, or be imprisoned not 
more than ninety days. — Id., s. 19. 

(1) This statute did not affect orders solicited or sales made before July 18, 1876, but 
sales after that time so solicited are illegal.— Fuller v. Leet, 59 R. 163. 

A completed sale out of the state, although by the state agent, to a resident of the 
state, although not a town agent, is legal if valid by the law of the state where made.— 
Lawton v. Rowan, 59 R. 215. 

18. Delivery prima facie a sale. The delivery of 
spirituous liquor in or from any store, shop, warehouse, 
steamboat, or other vessel, or any vehicle of any kind, or any 
shanty or tent, or any building or place used for the purposes 
of traffic, or any dwelling-house or dependency thereof, if 
any part of the same be used as a public eating-house, gro- 
cery, or other place of common resort, shall be deemed (1) 
prima facie evidence of a sale. — Id., s. 16. 

(1) This has been held in Massachusetts to be constitutional. — 1 Gray 1, Thomas, J., 
dissenting; 7 Gray 222; 14 Gray 47. 

19. Other statute evidence. On the trial of any 
complaint or indictment for keeping for sale spirituous 
liquor, or for being a common seller of spirituous liquor, evi- 
dence that the respondent exposes or suffers to be exposed, 
in, upon, or about his place of business, any sign, placard, or 
other advertisement of any spirituous or intoxicating liquor, 
or exposes or suffers to be exposed in the windows of or 
upon the shelves within his place of business, any bottles or 
other articles upon which are labels containing the name of 
any kind of spirituous or intoxicating liquor, or exposes or 
suffers to be exposed within his place of business a coupon 



SALE OF INTOXICATING LIQUORS. 405 

receipt showing the payment of a special tax to the United 
States government as a retailer of or wholesale dealer in 
liquors, shall all or either be received by the court and 
deemed prima facie evidence of the commission of the 
offence for which the respondent stands charged. — Id., s. 25. 

20. Agents and clerks. No clerk, servant, or agent 
of any person accused of a violation of this chapter shall be 
excused (1) from testifying against his principal for the rea- 
son that he may thereby criminate himself ; but no testi- 
mony so given by him shall, in any prosecution, be used as 
evidence, either directly or indirectly, against him, nor shall 
he be thereafter prosecuted for any offence so disclosed by 
him. — Id., s. 26. 

(1) Such a requirement is constitutional.— State v. Nowell, 58 R. 314. 

21. Selectmen to prosecute. The selectmen of every 
town shall prosecute at the expense of the town every per- 
son guilty of a violation of any previous section of this chap- 
ter, of which they can obtain reasonable (1) proof ; if any 
selectman shall neglect his duty as specified in this section, 
he shall be fined not more than two hundred dollars, but this 
provision shall not be construed to prevent any person from 
making complaint, and instituting and carrying on prosecu- 
tions for such offences; and such complainant, (2) whether 
a town or city, by its officers, or an individual, shall be en- 
titled to one half of every fine collected through such prose- 
cution. — Id., s. 27. 

(1) They are to prosecute if they can obtain reasonable proof, without waiting for 
others: and as to the means of obtaining evidence, see ss. 18-21 of this chapter. 

(2) Several may combine to prosecute, and the award be divided as they may have 
agreed.— 60 R. 7 ; 57 R. 324; 54 R. 433. 

22. County solicitors. It shall be the duty of county 
solicitors to prosecute all offences against this chapter, to 
final judgment and sentence, without granting any delay or 
indulgence to offenders. — Id., s. 35. 

23. Indictment within one year. No indictment shall 
be found for any violation of this chapter, unless the offence 



406 SALE OF INTOXICATING LIQUORS. 

was committed within one year before the first day of the 
court at which the offence is prosecuted. — Id., s. 35. 

24. Wife, etc., may foebid sales. The husband, wife, 
parent, child, brother, sister, or other near relative, guar- 
dian, or employer of any person who has the habit of drink- 
ing spirituous liquor to excess, may give notice in writing 
by him or her signed, to any person not to furnish any spir- 
ituous liquor to the person who has such habit. — Id., s. 28. 

(a) The form of such notice may be, — 
To ' , of the town of : 

You are hereby notified not to furnish any spirituous liquor to my husband [brother, 

etc.]> , of the town of , as he has the habit of drinking to excess. 

Dated at said , this — day of , 18—. . 

(b) Care should be taken that a copy of the notice be preserved by the person serving 
it, with a minute upon it, signed by him, of the time of service. 

25. And sue the seller. If the person so notified shall 
furnish any spirituous liquor, for a consideration or other- 
wise, to the person who has such habit, at any time within 
one year after such notice given, the person giving such no- 
tice (1) may, in an action of tort brought by him or her, 
recover of the person so notified any sum not less than fifty 
dollars nor more than five hundred dollars, which may be 
assessed by the jury as damages ; and any married woman 
may bring such action in her own name, and recover such 
damages to her own use. — Id. 

(1) See, under previous statute, Squires v. Young, 58 R. 192; Hollis v. Davis, 56 R. 74« 

26. Paupers and spendthrifts. No person shall sell, 
give, or otherwise furnish to any pauper or person commit- 
ted to any house of correction, any spirituous liquor what- 
ever, except by permission of the keeper thereof ; or to any 
spendthrift or idle person under guardianship, except by 
permission of his guardian. — G. L., c. 269, s. 12. 

27. Pharmacists. All pharmacists lawfully registered 
are authorized to keep spirituous liquors for compounding 
their medicine. — G. L., c. 133, s. 7. 

(1) This carries with it the right to sell such compounded medicines, but not the right 
to sell spirituous liquor to others to be compounded with medicine.— State v. Brown, 
60 R. 205; State v. Shaw, 58 R. 72. 



SHOWS AND EXHIBITIONS. 407 

CHAPTER LXV. 

SHOWS AND EXHIBITIONS. 

1. No shows without A license. No showman, tum- 
bler, rope-dancer, ventriloquist, or other person, shall for 
pay exhibit any feats of agility or of horsemanship, or sleight 
of hand, rope-dancing, or feats with cardsj or any ani- 
mals, (1) wax figures, puppets, or other show, without a 
license from the selectmen of the town. — G. L., c. 110, s. 1. 

(1) Exhibitions of fighting birds or animals are prohibited by c. 15 of the Laws of 
1877.— G. L., c. 272, ss. 19, 20. 

2. Noe theatees. No theatrical or dramatic represen- 
tation shall be performed or exhibited, unless a license there- 
for shall first be obtained from the selectmen of the town. — 
Id., s. 2. 

3. License, requisites of. Every such license (1) 
shall be in writing, and shall specify the days such person 
is allowed to perform or exhibit ; and every such person 
shall pay in advance for such license, (2) for the use of the 
town, a sum not less than one dollar nor more than three 
hundred dollars, for each day such person shall perform or 
exhibit ; but a license to exhibit in any hall shall not exceed 
five dollars. — Id., s. 3. 

(1) Children nnder fourteen, see ante p. 338, s. 21. 

(2) The form of such a license may be as follows : 
To ; 

Ton are hereby lieensed to exhibit [state what] in the town ef , on the — and — 

days of next, the sum of — dollars having been paid to us for the use of said town 

by you, for this license. 

Given under our hands this — day of , 18 — . 

, ( Selectmen 

4. Penalty. If any person shall violate the provisions 
of this chapter, he shall for every such offence be punished 
by a fine not less than one nor more than five hundred dol- 
lars, one half for the use of the town ; and it shall be the 
duty of the selectmen to prosecute for every violation of this 
chapter. — Id., s. 4, 



408 SHOWS AND EXHIBITIONS. 

5. Billiards, bowling-alleys, etc. The owner or 
person having charge of any billiard-table, pool-table, or 
bowling-alley kept for hire, or in connection with any saloon 
or restaurant, shall pay for a license the sum of ten dollars 
on every billiard-table, pool-table, or bowling-alley so kept, 
to the town or city where the same shall be kept, on or 
before the first day of May annually. The clerk of every 
town and city shall issue such license to any person apply- 
ing for the same on or before the first day of May annually. 
Said license shall specify the number of billiard-tables, pool- 
tables, and bowling-alleys said person shall be allowed to 
keep for hire, or in connection with any saloon or restau- 
rant, in said town or city, and shall not be issued till said 
person has paid to said clerk the sum of ten dollars for every 
billiard-table, pool-table, and bowling-alley he shall be au- 
thorized by said license to so keep. Said clerk shall keep a 
copy of every license so issued, and shall pay over the 
money received for said license to the town or city treasurer, 
on or before the first day of June annually, less the sum of 
fifty cents for every license, which he shall retain for his fee 
for issuing the same. — Id., s. 5, as amended by c. 54 of the 
Laws of 1883. 

6. Twenty-dollar penalty. Every owner or person 
having any billiard-table, pool-table, or bowling-alley in his 
charge, who keeps the same for hire, or in connection with 
any saloon or restaurant, and who shall not procure and pay 
for a license for keeping the same on or before the first day 
of May annually in each year, shall be liable to a penalty of 
twenty dollars for every billiard-table, pool-table, or bowling- 
alley so kept, to such town or city, to be recovered in an 
action of debt, in the name of said town or city, against said 
owner or the person having the same in charge. — Id., s. 6, 
as amended by the Laws of 1883. 

7. In lieu oe taxes. This license or penalty shall be 
in lieu of all taxes on said billiard-table, pool-table, or bowl- 



NUISANCES INJURIOUS TO HEALTH. 409 

ing-alley so kept for hire or in connection with any saloon 
or restaurant. — Id., s. 7, as amended by the Laws of 1883. 

8. Clerk to issue license. The clerk of every town 
and city shall issue to the owner or person having charge of 
any billiard-table, pool-table, or bowling-alley kept for hire, 
or in connection with any saloon or restaurant, upon appli- 
cation of said owner or person, and the payment of five dol- 
lars to said clerk, a license for six months from the first day 
of May in the year in which such application shall be made, 
subject, however, to all the provisions of said sections five 
and six. — Laws of 1883, c. 54, s. 2.. 



CHAPTER LXVI. 

NUISANCES INJURIOUS TO HEALTH. 

1. Regulations for. The health officers (1) may make 
regulations for the prevention and removal of nuisances, and 
such other regulations relating to the public health as in 
their judgment the health and safety of the people may 
require, which shall take effect when they shall be approved 
by the selectmen, recorded with such approbation by the 
town-clerk, and published in some newspaper printed in the 
town, or copies thereof posted in two or more public places 
in the town. — G. L., c. Ill, s. 1. 

(1) Selectmen were health officers if no others were chosen (ante p. 107, s. 10), hut c. 
14 of the Laws of 1885 provides that the selectmen of any town that has neglected to 
elect a health officer or officers may appoint one or more health officers for said town, 
as in the judgment of the selectmen may be necessary; but if no health officer or offi- 
cers shall have been elected or appointed, it shall, upon the petition of ten or more 
legal voters, be the duty of the selectmen to appoint one or more health officers, as in 
their judgment may be necessary. 

A petition under this act may be as follows: 
To the Selectmen of the town of .• 

The undersigned, legal voters of said town, request you to appoint one or more 
health officers for said town, no such officer having been elected or appointed. 

Date and signatures. 

The appointment and subsequent proceedings may be as ante p. 115, s. 6, and notes. 

18 



410 NUISANCES INJURIOUS TO HEALTH. 

(a) The form of regulations may be similar to those by firewards {ante. p. 384, s. 9), 
and the selectmen may certify at the bottom, after the signatures of the health officers, 
thus : 

We approve the foregoing regulations. 

Witness our hands at , this day of , 18 — . 

, ) Selectmen 

J of . 

(b) By state board of health. The state board of health may make, in addition to 
the rules and regulations of local health officers, such other rules and regulations, or 
may make such amendments to existing rules and regulations, as in the judgment of 
the board the public g'od may demand, and such rules and regulations shall be en- 
forced by the health officers in the same manner as other health regulations.— Laws of 
1885, c. 14, s. 2. 

2. Penalties. Any person wilfully violating such regu- 
lations shall incur a penalty of ten dollars, to be recovered 
by the health officers in the name of the town. — Id. 

3. Warrant to search. Health officers and each of 
them shall inquire into all nuisances and other causes of 
danger to the public health, and whenever they shall know 
or have cause to suspect that any nuisance or other thing 
injurious to the public health is in any building, vessel, or 
inclosure, they shall make complaint under oath to some 
justice, who shall issue a warrant, directed to them, to 
search such building, vessel, or inclosure ; and they may, in 
the day-time, forcibly enter therein and make such search.- 
Id., s. 2. 

(a) The form of a complaint by a health officer may be: 
To , a Justice of the Peace in and for the county of .- 

A B, of , in said county, one of the health officers of said town, complains and 

gives said justice to understand that he has cause to suspect that there is a nuisance in 
[describe the building, vessel, or inclosure, as the case may be], which is injurious to 
the public health. Wherefore he prays said justice to issue a warrant to search such 
[building, vessel, or inclosure, as the case may be]. A B. 

ss. July — , 18. Then the said A B made oath that the foregoing complaint, 

by him signed, is in his belief true. 

Before me, , Justice of the Peace. 

(b) The form of warrant following the complaint may be,— 

THE STATE OF NEW HAMPSHIRE, 

[L. s.] To A B, of , one of the Health Officers of said town: 

Pursuant to the foregoing complaint you are hereby authorized with necessary and 
proper assistants to enter in the day-time the [building, vessel, or inclosure, as the case 
may be], described in said complaint, and there search for the nuisance in said com- 
plaint mentioned. 

Given under my hand and seal this — day of , 18—. 

, Justice of the Peace. 



NUISANCES INJURIOUS TO HEALTH. 411 

4. Notice to remove. The health officers may notify 
the owner and occupier of any building, vessel, or inclosure 
to remove or destroy any nuisance or other thing therein 
deemed by them, on examination, to be injurious to the 
public health, within a time limited; and in case such owner 
or occupier, after such notice in writing, given to him or 
left at his abode, shall neglect to comply therewith, the said 
health officers may forcibly enter such building, vessel, or 
inclosure, and cause the said nuisance or other thing afore- 
said to be removed or destroyed. — Id., s. 3. 

(a) The form of notice to remove a nuisance may be,— 

To , of : 

Yon are hereby notified within — days to remove or destroy a large quantity of offal 
and animal matter collected in [describe the building, vessel, or inclosure, as the case 
may be], and which is deemed by us to be injurious to the public health. 

Witness our hands at , this — day of , 18—. 

, ) Health Officers 

,1 of . 

A copy of the notice, with the evidence of service, should be kept. 

5. Powers of a sheriff. They may employ such 
assistants and laborers as may be necessary, and if resisted 
shall have the same powers as sheriffs have by law to com- 
mand assistance. — Id., s. 4. 

6. Resistance, penalty for. Any person wilfully re- 
sisting them, or their assistants or laborers, in making such 
search, or removing such nuisance or other thing aforesaid, 
shall be imprisoned not exceeding twelve months, or fined 
not exceeding five hundred dollars. — Id. 

7. When No notice required. When the owner of 
any building, vessel, or inclosure is unknown to the health 
officers, or does not reside in town, and the same is unoccu- 
pied, or the occupant is in their opinion unable to remove 
the same, they may, without any previous notice, imme- 
diately cause any nuisance or other thing by them deemed 
injurious to the public health found therein to be removed 
or destroyed. — Id., s. 5. 

8. Expense, by whom paid. The owner or occupier 
of any building, vessel, or inclosure shall be liable to pay the 



412 NUISANCES INJURIOUS TO HEALTH. 

expense of the removal or destruction of any such nuisance 
or other thing, as aforesaid, including the fees of the health 
officers who order the same to be removed ; and the same 
may be recovered by action, to be brought by the health 
officers in the name of the town. — Id., s. 6. 

9. Drains, sewers, vaults. — No person shall occupy, 
or lease to or permit any other person to occupy, any build- 
ing within the compact part of any city or town as a dwell- 
ing-house, unless such building shall be provided with suit- 
able privies and vaults, constructed as required by law, and 
with suitable drains or sewers for conveying away the sink- 
water from the premises so used and occupied into some 
public sewer, whenever there shall be one within one hun- 
dred feet of said dwelling-house; and whenever there shall 
be no such public sewer, then the sink water shall be con- 
veyed away under ground, or otherwise disposed of so as not 
to be offensive. — Id., s. 7. 

10. Penalties. Any person neglecting or refusing to 
comply with the provisions of the foregoing section, upon 
conviction thereof shall be deemed guilty of maintaining a 
common nuisance, and be punished by a fine not exceeding 
ten dollars for each day of such neglect or refusal, after no- 
tice from the board of health or the selectmen, in accordance 
with section three of this chapter. — Id., s. 8. 

11. Leaving nuisances. If any person shall place or 
leave, or cause to be placed or left, in or near any highway, 
street, alley, public place, wharf, or shall allow to be exposed 
unburied, any animal or other substance liable to become 
putrid, or offensive, or injurious to the public health, he 
shall incur a penalty of not more than twenty dollars, to be 
recovered by the health officers in the name of the town, 
and the health officers shall remove the same; and if any 
person shall place, leave, or cause to be placed or left, any 
substance or fluid in or near to any lake or pond, or stream 
tributary thereto, from which the water-supply, in whole or 



NUISANCES INJURIOUS TO HEALTH. 413 

in part, of any city, town, or village is taken for domestic 
purposes, that may cause the water thereof to become im- 
pure or unfit for the uses for which it is intended, such per- 
son shall be punished by a fine not exceeding twenty dollars, 
or by imprisonment not exceeding thirty days, or both ; and 
any justice of the peace is authorized to hear and determine 
complaints, and to impose the penalties and render judg- 
ments in proceedings provided for by this act, in a similar 
manner as in other criminal proceedings, and any constable 
is authorized to serve any process in proceedings provided 
for by this act ; and any board of health or water commis- 
sion may remove any such substance or fluid as are render- 
ing the water in such lake or pond, or stream tributary 
thereto, impure or unfit for use, as aforesaid, and may recover 
the expense of such removal from the person who placed, or 
caused to be placed, the same in or near the water, as afore- 
said, in an action on the case. — Id., s. 9, as amended by 
Laws of 1885, c. 90. 

12. Slaughter-houses. If any person shall use or oc- 
cupy any building in the compact part of any town for a 
slaughter-house, for trying tallow, or for currying leather, or 
for the deposit of green pelts or skins, without permission 
in writing of the health officers, he shall incur a penalty of 
ten dollars for each month in which the said building shall 
be so occupied. — Id., s. 10. 

13. Pig-styes and privies. If any person shall erect 
or continue any house of easement or privy within forty feet 
of any street, or of the dwelling, shop, or well of any other 
person, unless the same is vaulted six feet deep, and suffi- 
ciently secured and inclosed, or shall erect or keep any pen 
or sty for swine so near the dwelling-house of another as in 
the judgment of the selectmen to be a nuisance, he shall 
incur a penalty of ten dollars, and a like penalty for each 
month he shall continue the same after due notice of such 
judgment. — Id., s. 11. 



414 NUISANCES INJURIOUS TO HEALTH. 

14. Compensation of health officers. The health 
officers shall be paid a reasonable compensation from the 
town, and all expenses incurred by them in the execution of 
their duty shall be paid by the town; and the selectmen are 
required to advance to them such sums as may be necessary, 
of which and of all their receipts and disbursements the 
health officers shall annually, before the annual town-meet- 
ing, render an account to the selectmen, to be laid before 
the town. — Id., s. 12. 

15. Land for drainage. This is provided for by chap- 
ter one hundred and eight of the Laws of 1883. The party 
desiring such land may apply to the selectmen or mayor and 
aldermen by petition setting forth the names of the persons 
interested, if known, and also in detail the nature of the 
proposed improvements, and the situation of the adjoining 
lands. The form of proceedings upon the petition must be 
quite similar to those in hearings before town officers upon 
applications for a highway. — Ante pp. 118, 263. 

16. Reporting to state board of health. Health 
officers or local boards of health shall furnish the state board 
of health with such information as may be called for from 
time to time concerning the work of such health officers or 
local boards of health, and a copy of all rules and regula- 
tions issued by such health officers or local boards of health 
shall be forwarded to the state board of health when issued. 
—Laws of 1885, c. 14, s. 3. 



CHAPTER LXVII. 

PESTILENTIAL diseases. 

1. Agent for vaccination. Any town may appoint 
an agent for vaccination, who shall at all times be provided 
with suitable matter for communicating the kine-pox, and 



PESTILENTIAL DISEASES. 415 

may vaccinate all persons at the expense of the town who 
have not had the small-pox or the kine-pox, and shall receive 
a suitable compensation therefor, to be paid by the select- 
men. Such agent may be appointed by the selectmen of 
the town, whenever in their opinion the health of the inhab- 
itants of said town, by reason of the spreading of the small- 
pox, shall require it. — G. L., c. 112, s. 1. 

2. Removing patients. The health officers may re- 
move any person infected with the small-pox, the malignant 
cholera, or other malignant pestilential disease, to some suit- 
able house, to be by them provided for that purpose, if it 
can be done without endangering the life of such person ; 
and make such regulations (1) respecting such house and 
for preventing unnecessary communication with such per- 
sons or their attendants as they may think proper; and if 
any person shall wilfully violate the same he shall forfeit 
fifty dollars, to be recovered by such health officers in the 
name of the town — Id., s. 2. 

(1) The form of such regul itions may he as in respect to fires, according to the sub- 
ject-matter.— Ante p. 384, s. 9, and notes. 

3. Physicians to report cases. It shall be the duty 
of every physician who attends upon any person infected 
with the small-pox, the malignant cholera, or other malig- 
nant pestilential disease, to immediately report the same to 
the health officers or the selectmen of the town ; and if any 
physician shall neglect so to do, he shall forfeit the sum of 
one hundred dollars, to be recovered by such health officers 
or selectmen in the name of the town. 

4. Small-pox inoculation forbidden. If any person 
shall, with intent to communicate the small-pox, bring into 
this state or use any infectious matter, or shall inoculate 
himself or any other person with the small-pox, or be inoc- 
ulated therefor, he shall incur a penalty of one hundred and 
fifty dollars, to be recovered by any person who will sue for 
the same, one half to his own use, and the other half for the 



416 PESTILENTIAL DISEASES. 

use of the town in which the offence is committed. — Id., 
s. 4. 

5. Unless licensed. The county commissioners, on 
application, may license any physician to establish a house 
for inoculating persons for the small-pox in any town which 
shall consent thereto, under such regulations as they may 
prescribe ; and such physician shall give bond to the county 
treasurer in the sum of three thousand dollars, conditioned 
that he will use every means and precaution in his power to 
prevent the spreading of the disease, and that he will not 
inoculate any person, nor willingly suffer any person to be 
inoculated, or to have said disease in any other place than 
said house, and will not suffer any person to depart from 
such house until he is effectually cleansed, and will give to 
such person a certificate (1) thereof under his hand. — Id., 
s. 5. 

(1) This certifies that J S, who has been an inmate of the licensed house for small- 
pox inoculation, under my charge in the town of , is effectually cleansed, and in 

no danger of communicating the disease. 

Date and signature. 

6. Leaving without certificate. If any person, hav- 
ing had the small-pox in any licensed house, or being em- 
ployed therein, shall leave the same without such certificate, 
or be found without the same within one month afterward, 
he shall incur a penalty of fifty dollars, to be recovered by 
the health officers in the name of the town. — Id., s. 6. 

7. Remaining at home. If any person shall break out 
with small-pox in the natural way, and the health officers 
shall judge that he may remain without endangering others 
than his own family, they may give license to any persons 
who have been exposed to the danger of taking the disease 
to be inoculated, and to remain in the same house ; and the 
provisions of this chapter, and all regulations of the health 
officers in relation to other licensed pest-houses, shall apply 
to such house and its inmates. — Id., s. 7. 

8. Quarantine. The health officers may from time to 






OFFENCES AGAINST THE POLICE OF TOWNS. 417 

time make regulations respecting quarantine, prescribing in 
what cases it shall be performed by vessels arriving from 
any ports or places therein named, and the same modify or 
change as in their opinion the safety of the people may 
require or admit, which shall be approved, recorded, and 
published as other regulations made by them. — G. L., c. 
113, s. 1. 



CHAPTER LXVIII. 

OFFENCES AGAINST THE POLICE OF TOWNS. 

1. Brawls in public places. No person shall make 
any brawl or tumult, or, in any street, lane, alley, or other 
public place, be guilty of any rude, indecent, or disorderly 
conduct, or shall insult or wantonly impede any person pass- 
ing therein, or throw any stones, bricks, snowballs, or dirt, 
or play at ball or any game at which ball is used ; nor shall 
any person address to any person passing along any street, 
to, from, or about his lawful business or occupation, any 
offensive, derisive, or annoying word or words, or call such 
person by any derisive or offensive name ; nor shall any 
person make any noise or exclamation in the presence and 
hearing of such person so passing, with intent to deride, 
offend, or annoy such person, or to prevent him from pur- 
suing and engaging in his lawful business or occupation. — 
G. L., c. 269, as amended by c. 76 of the Laws of 1885. 

2. Obscene words, songs, and figures. No person 
shall sing or repeat, or cause to be sung or repeated, any 
lewd, obscene, or profane song, or shall repeat any lewd, 
obscene, or profane word, or write or mark in any manner 
any obscene or profane word, or obscene or lascivious figure 
or representation on any building, fence, wall, post, or other 
thing whatever. — Id., s. 2. 

*18 



418 OFFENCES AGAINST THE POLICE OF TOWNS. 

3. Buildings and yards protected. No person shall 
wantonly injure or deface any building, fence, wall, post, 
sign-board, or sign ; or shall wantonly cut or injure any tree 
standing in any street, highway, or public place ; or shall 
rob any garden or field of fruit or vegetables ; or shall wan- 
tonly injure any trees, shrubs, or bushes growing in any 
garden, field, or yard; or shall, without lawful permission, 
climb on or over any fence of any garden or yard.— -Id., 
s. 3. 

4. Juggling. No person shall use any juggling or un- 
lawful games or plays, or play at any game whatever for 
money or other property. — Id., s. 4. 

5. Firearms and bonfires. — No person shall, within 
the compact part of any town, fire or discharge any cannon, 
gun, pistol, or other firearms, or beat any drum, except by 
command of a military officer having authority therefor, or 
fire or discharge any rockets, squibs, crackers, or any prep- 
aration of gunpowder, except by permission of a majority of 
the police officers or selectmen in writing, or make any bon- 
fire, or improperly use or expose any friction matches, or 
knowingly raise or repeat any false cry of fire. — Id., s. 5. 

6. Bathing in exposed places. No person shall, 
within the view of any dwelling-house, or of any public road, 
street, or wharf, in the day-time, without necessity, bathe, 
or swim, or expose his person indecently in dressing or un- 
dressing for the purpose of swimming, or bathing, or other- 
wise. — Id., s. 6. 

7. Blocking up streets. No person shall, without 
necessity, place or leave, or cause to be placed or left, in any 
street, lane, alley, or public place, for two hours by day or 
one hour by night, any sled, wheelbarrow, cart, dray, chaise, 
or other carriage, or any box, crate, cask, tub, or other ves- 
sel ; or place or throw, or cause to be placed or thrown, into 
any such street, lane, alley, or public place, any wood, lum- 
ber, manure, dirt, or other matter that may impede the free 



OFFENCES AGAINST THE POLICE OF TOWNS. 419 

passage of the same, and suffer the same to remain there 
two hoars. — Id., s. 7. 

8. License to occupy. The selectmen of any town may 
grant a license (1) in writing to any person to occupy a 
portion of any street, designated by distinct limits, for the 
purpose of laying thereon lumber and other materials for 
building and other purposes, for a time not exceeding four 
months, whenever they shall deem the same necessary or 
proper, subject to such terms and conditions, to be expressed 
in such license, as the public convenience and safety may 
require. — Id., s. 8. 

(1) It is held that such a license affords no protection to the holder if the road is so 
obstructed as to be insufficient for the public travel {Manchester v. Quimby, 60 R. 10); 
that is to say, the occupation is both lawful and unlawful. 

9. To BE recorded. Any person so licensed, who shall 
first cause said license to be recorded at length by the town- 
clerk, and who shall comply with the terms expressed in 
said license, shall be exempt from the penalties imposed by 
this chapter, for any act authorized by such (1) license. — 
Id., s. 0. 

(1) See ante s. 8 (1), and ante p. 104, s. 5 (d). 

10. No person shall, without necessity, drive any wheel 
carriage, sled, or wheelbarrow on or over the side pave- 
ments or walks of any street, lane, or alley, or ride or lead 
any horse thereon. — Id., s. 10. 

11. No person shall be drunk in any street, alley, or other 
public place, or shall be a common street-walker or prosti- 
tute.— Id., s. 11. 

12. No person shall sell, give, or otherwise furnish to any 
pauper or person committed to any house of correction any 
spirituous liquor whatever, except by permission of the 
keeper thereof ; or to any spendthrift or idle person under 
guardianship, except by permission of his guardian. — Id., s. 
12. 

13.- No person shall purchase or receive, in exchange or 



420 OFFENCES AGAINST THE POLICE OF TOWNS. 

otherwise, from any pauper supported in any almshouse or 
poorhouse, without permission of the overseers of the poor, 
any property whatever ; and any person so offending shall 
be punished under the provisions of this chapter, and shall 
pay treble the value of such property to said overseers. — 
Id.", s. 13. 

14. Fast riding. No person shall ride through any 
street or lane in the compact part of any town, on a gallop, 
or at any swifter pace than at the rate of five miles an hour. 
—Id., s. 14. 

15. Carriages unattended. No person having charge 
of any cart, dray, sled, or other carriage drawn by horses or 
oxen, shall suffer the same to pass through any street in the 
compact part of any town without keeping with and care- 
fully attending the same, and keeping such horses or oxen 
under his command. — Id., s. 15. 

16. Fine or imprisonment. Any person convicted of 
any offence in this chapter mentioned shall be fined not ex- 
ceeding twenty dollars, or imprisoned not exceeding six 
months. — Id., s. 16. 

17. Vagabonds and tramps. (1) Any rogue, vaga- 
bond, lewd, idle, or disorderly person ; any person going 
about (1) begging ; any person using any subtle craft, jug- 
gling, or unlawful game or play ; any person pretending to 
have knowledge in physiognomy or palmistry ; any person 
pretending for money to tell destinies or fortunes, or dis- 
cover, by any spell or secret art, where lost or stolen goods 
may be found; any common piper, fiddler, runaway, stub- 
born servant or child, common drunkard, night-walker, pil- 
ferer, or person wanton and lascivious in speech or behav- 
ior; any common railer or brawler ; any person who neglects 
his employment, misspends his earnings, and does not pro- 
vide properly for the support of himself and family, — shall 
be imprisoned in the house of correction in the town or 
county in which such offence is committed, and for want 



OFFENCES AGAINST THE POLICE OF TOWNS. 421 

thereof, in the common jail, not exceeding six months. — Id., 
s. 17. 

(1) See next chapter. 

18. Sentence to hard labor. If any person, except 
such as are liable to punishment under the provisions of 
chapter two hundred and seventy, (1) shall be a public va- 
grant, beggar, or a tramp, (1) or shall go about from place 
to place asking or subsisting upon charity, or without vis- 
ible means of support, he may, upon complaint before any 
justice of the peace or police court, be sentenced to hard 
labor upon any county farm or town farm, or in any house 
of correction or common jail, not exceeding six months. 
And any act of beggary or vagrancy shall be taken to be 
evidence of the commission of the offences above described. 
—Id., s. 18. 

(1) See next chapter. 

19. Police reports and criminal news. If any 
person shall knowingly print, publish, sell, lend, give, or 
shew to any other person any book, pamphlet, magazine, 
newspaper, or any other printed paper devoted to the publi- 
cation or illustration of stories of bloodshed, lust, or crime, 
or principally made up of police reports and criminal news; 
or circulates, displays, or posts, or causes to be circulated, 
displayed, or posted, any picture, handbill, or poster adver- 
tising any such book, pamphlet, magazine, or printed paper, 
or giving information where any such literature may be 
found, he shall be fined not less than twenty-five dollars nor 
more than one hundred dollars, or imprisoned not exceeding 
six months, or both. — Laws of 1885, c. 10, s 1. 

20. Employing minors to distribute, penalty. If 
any person shall, in any manner hire, employ, or use any 
minor child to sell or give away or in any manner to dis- 
tribute any such reading matter or any such advertisement, 
he shall be fined not less than twenty-five dollars, or impris- 
oned not exceeding six months, or both. — Id., s. 2. 



422 OFFENCES AGAINST THE POLICE OF TOWNS. 

21. Permitting minor's employment, penalty. — If 
any person having the care, custody, or control of any minor 
child shall knowingly permit such child to sell or give away 
any such reading matter or any such advertisement, he shall 
be fined not less than twenty-five dollars, or imprisoned not 
exceeding six months, or both. — Id., s. 3. 

22. Binding out. The overseers of the poor of any 
town or city, or the commissioners of any county in which 
any such person shall be tried, may, if in their opinion suit- 
able and remunerative labor cannot be found for him in the 
house of correction or other place to which such person may 
be so sentenced, by their written order briefly expressed, 
bind (1) any person so tried and sentenced to hard labor at 
any other place, or in the service of any person by them 
selected, for a term not exceeding his original sentence, and 
as a substitute therefor, and may compel the performance 
of such labor for the term fixed. — G. L., c. 269, s. 19. 

(1) It appearing to us that suitable and remunerative labor cannot be found for tbe 

said in the , the place to which said has been sentenced, we hereby 

bind him to hard labor at , in the service of , for the term of , as a 

substitute for the original sentence. 

Date and official signatures. 

23. Minors under fourteen. No minor under the 
age of fourteen (1) years shall be admitted at any time to, 
or permitted to remain in, any saloon or place of entertain- 
ment where any spirituous liquors, or wines, or intoxicating 
or malt liquors are sold, exchanged, or given away, or at 
places of amusement known as dance-houses and concert- 
saloons, unless accompanied by parent or guardian. Any 
proprietor, keeper, or manager of any such place, who shall 
admit such minor to, or permit him or her to remain in, any 
such place, unless accompanied by parent or guardian, shall 
be fined ten dollars. — Id., s. 23. 

(1) Not to be employed in exhibitions.— See ante p. 338, s. 21. 

24. Lock-ups. The selectmen of any town, upon peti- 
tion of fifty or more legal voters of said town, shall provide 



TRAMP ACT. 423 

a suitable lock-up for the temporary detention of offenders. 
—Id., s. 25. 



CHAPTER LXIX. 

TRAMP ACT. 

1. Definition. Any person going about from place to 
place begging, and asking or subsisting upon charity, shall 
be taken and deemed to be a tramp, and shall be punished 
by imprisonment at hard labor in the state prison not more 
than fifteen months. — G. L., c. 270, s. 1. 

2. How offending. Any tramp who shall enter any 
dwelling-house, or kindle any fire in the highway or on the 
land of another, without the consent of the owner or occu- 
pant thereof, or shall be found carrying any firearm or other 
dangerous weapon, or shall threaten to do any injury to any 
person, or to the real or personal estate of another, shall be 
punished by imprisonment at hard labor in the state prison 
not more than two years. — Id., s. 2. 

3. Personal injuries by. Any tramp who shall wil- 
fully and maliciously do any injury to any person, or to the 
real or personal estate of another, shall be punished by im- 
prisonment at hard labor in the state prison not more than 
five years. — Id., s. 3. 

4. Begging. Any act of beggary or vagrancy by any 
person not a resident of this state shall be evidence that the 
person committing the same is a tramp within the meaning 
of this chapter. — Id., s. 4. 

5. Arresting upon view. Any person, upon view of 
any offence described in this chapter, may apprehend the 
offender, and take him before a justice of the peace for ex- 
amination, (^1) and on his conviction shall be entitled to a 
reward of ten dollars therefor, to be paid by the county. — 
Id., s. 5. 



424 SPECIAL POLICE AND NIGHT WATCHMEN. 

(1) There should be a regular complaint in writing, as for other offences, as a tramp 
is not beyond the protection of the laws. 

6. Special constables. The mayor of every city and 
the selectmen of every town are hereby authorized and re- 
quired to appoint (1) special constables, whose duty it shall 
be to arrest and prosecute all tramps in their respective 
cities and towns. — Id., s. 6. 

(1) To of : 

We hereby appoint you special constable under section six of chapter two hundred 
and seventy of the General Laws in relation to the punishment of tramps, and upon 
your giving bond and being sworn as required by law, you shall have the powers and 
discharge the duties of said office. 

Date and official signatures.— See Ante p. 116, s. 6 (1). 

7. Exceptions. This chapter shall not apply to any 
female or minor under the age of seventeen years, nor to any 
blind person. — Id., s. 7. 



CHAPTER LXX. 

SPECIAL police and night watchmen. 






1. As deemed necessary. The selectmen of any town, 
when they deem it necessary, may appoint special police 
officers, one of whom may be superintendent, and they shall 
continue in office during the pleasure of the selectmen. — 
G. L., c. 253, s. 1. 

2. How employed. The selectmen, or superintendent 
under their direction, may employ such special officers, in 
such mode as may be deemed expedient, in the detection and 
conviction of criminals and the prevention of crime in their 
town, or they may be employed in the preservation of order 
on public or special occasions. — Id., s. 2. 

3. Appointment and renewal. Such appointment (1) 
shall be made in March, unless otherwise provided by law 
or by a by-law, by writing, under the hands of the select- 



SPECIAL POLICE AND NIGHT WATCHMEN. 425 

men, and recorded, (2) with a certificate of the oath of office 
thereon, by the town-clerk; and such police officers shall 
hold their offices for one year, unless sooner removed. (3) 
—Id., s. 3. 

(1) The appointment may be as follows : 
To , of the town of : 

We hereby appoint you special police officers of said town during the pleasure of the 
selectmen, and upon your taking the oath of office by law prescribed you shall have 
the powers appertaining to your said office. The said shall be superintendent. 

Witness our hauds this day of , 18—. 

, 1 Selectmen 

(2) See ante p. 116, s. 6, and notes. 

(3) To ,0/ ; 

You are hereby removed from the office of special police in said town. 

Witness our hands this day of , 18—. 

, ) Selectmen 

,j of . 

This of itself, upon being served, as in s. 9 (d), p. 117, puts an eud to his authority, but a 
record should be made.— See ante p. 104. 

4. Vacancy in office. If such appointment is not 
made at the time appointed, or if a vacancy shall occur, the 
selectmen may appoint at any time afterward. — Id., s. 4. 

5. Authority and compensation. All police officers 
are, by virtue of their appointment, constables and conserva- 
tors of the peace, and shall receive such compensation as 
may be voted by the town, and the same fees as constables. 
—Id., s. 5. 

6. Police regulations. The police officers of any town 
may make regulations (1) for the stand of hacks, drays, 
and carts in any street, lane, or alley ; for the height and 
position of any awning, shade, or fixture in front of or near 
any building, and respecting any obstruction in any street, 
lane, or alley, and the smoking of any cigar or pipe therein, 
or in any stable or other out-building, and for determining 
the time of night at which saloons, eating-houses, and res- 
taurants shall be closed, and prohibiting the keeping open 
such places on the Lord's day ; and every violation of such 
regulations may be punished by fine not exceeding twenty 
dollars, or by imprisonment not exceeding six months. — Id., 
s. 6. 



426 RAILROAD POLICE. 

(1) The form of regulations may be similar to those by fire wards (ante p. 384, s. 9), the 
necessary changes being made. 

7. Approval of selectmen. No such regulations shall 
take effect until they are approved (1) by the selectmen, re- 
corded (2) with such approbation by the town-clerk, and 
published, or, if no newspaper is printed in the town, a cer- 
tified copy thereof posted at two or more public places 
therein — Id., s. 7. 

(1) Such approval at the bottom may be as follows : 
Approved this day of , 18—. 

) Selectmen 

J of . 

(2) See ante p. 104, s. 5. 

8. Railroad police. The selectmen of any town, or 
the mayor and aldermen of any city, may, upon the petition 
of any railroad corporation having a passenger station within 
the limits of such town or city, appoint as many of the em- 
ploye's of said company as they may deem proper police 
officers to act as railroad police for the purposes and with 
the powers hereinafter (1) set forth. Such police officers 
shall hold their offices during the pleasure of the selectmen 
or mayor and aldermen by whom they are appointed, unless 
their powers shall be terminated as provided in section 
twenty-four. (2)— G. L., c. 163, s. 16. 

(1) See ss. 11-15 post. 

(2) Post s. 16. 

9. Recording appointment. A copy of the records of 
the appointments of any railroad police officer shall be filed 
by the clerk of the corporation, upon whose petition such 
order is made, with the clerk of each town or city through 
or into which such railroad runs, and in which it is intended 
that such police shall act ; and the filing of such order shall 
constitute the persons named therein railroad police within 
such towns or cities. — Id., s. 17. 

10. Badge to be worn. Every officer of the railroad 
police shall, when on duty, except as detectives, wear a me- 
tallic badge in plain view, with the words "railroad police," 



RAILROAD POLICE. 427 

and the name of the corporation for which he is appointed, 
inscribed thereon. — Id., s. 18. 

11. Authority and duties. Officers of the railroad 
police may preserve order within and about the premises 
and upon the cars of the corporation upon whose petition 
they are appointed ; they may arrest, without a written war- 
rant, all idle, intoxicated, or disorderly persons frequenting 
such premises or cars, and obstructing or annoying, by their 
presence or conduct, or by profane or indecent language or 
behavior, the travelling public using the same, and all per- 
sons committing thereon any offence known to the laws of 
this state, and may take the persons so arrested to the near- 
est police station, or other place of lawful detention in the 
county where the offence is committed ; and for this pur- 
pose they may carry the persons so arrested to the next rail- 
road station at which the train on which they are travelling 
stops, although in another county, and detain them there 
until the next passenger train goes to the county wherein 
the offence was committed, on which they shall be carried 
back to be taken to said police station or other place of law- 
ful detention. The persons so arrested shall be discharged 
or taken before a police court or justice of the peace to 
answer for their offence within twenty-four hours after their 
arrest. — Id., s. 19. 

12. Disorderly passengers. Whenever any passen- 
ger upon a railroad train behaves in a noisy or disorderly 
manner, any railroad police officer may arrest him without 
a written warrant, and remove him to the baggage car of 
such train, where such officer may confine him until the ar- 
rival of the train at some station where he can be placed in 
charge of an officer who shall take him to a place of lawful 
detention. — Id., s. 20. 

13. Loiterers. Whoever, without right, loiters or re- 
mains within any station-house of a railroad company, or 
upon the platform or grounds adjacent to such station, after 



428 SPECIAL POLICE AND NIGHT WATCHMEN. 

being requested to leave the same by any railroad police 
officer, shall be punished by a fine of not more than twenty 
dollars. — Id., s. 21. 

14. Not between stations. No railroad corporation 
shall eject any person from its cars for non-payment of fare 
excepting at some passenger station on its road. Officers of 
the railroad police may arrest any passenger refusing to pay 
his fare, and may deliver him into custody at any regular 
passenger station. — Id., s. 22. 

15. Compensation. The compensation of all railroad 
police shall be paid by the corporations upon whose petition 
they are respectively appointed. And such railroad police 
shall be liable to parties aggrieved for any official miscon- 
duct, to the same extent as police officers of towns and cities 
-are liable. — Id., s. 23. 

16. Discharging. Whenever any corporation shall cease 
to require the services of any of the railroad police appoint- 
ed upon its petition, it may file a notice to that effect in the 
several offices in which notice of such appointment was 
originally filed, and thereupon the power of such officer 
shall cease. — Id., s. 24. 

17. Night-watch. The selectmen of any town, being 
authorized by vote of the town, may appoint watchmen for a 
walking night-watch, and fix their stations and limits, pre- 
scribe their duties, and contract for and pay them a reason- 
able compensation. — G.. L., c. 253, s. 8. 

18. Appointment and authority. They shall be ap- 
pointed and qualified in the same manner, and shall have 
while on duty the same powers as police officers. — Id., s. 9. 

19. May arrest. Every watchman may arrest any 
person whom he shall find committing any kind of disorder 
or disturbance, or any crime or offence, or such as are stroll- 
ing about the streets at unreasonable hours, who refuse to 
give an account, or may be reasonably suspected of giving a 
false account, of their business or design, or who can give 



ARRESTING WITHOUT WARRANT. 429 

no account of the occasion of their being abroad. — Id., 
s. 10. 

20. Arresting without warrant. Any officer (1) upon 
view of any crime or breach of the peace or offence against 
the police of towns, may arrest the offender, and forthwith 
carry him before the proper court or justice to answer for 
the offence. — G. L., c. 254, s. 3. 

(1) By the word " officer," in this title, shall be intended any sheriff or deputy sheriff, 
mayor, or city marshal, constable, police officer, or watchman, or other person author- 
ized to make arrests in any criminal case.— G. L., c. 254, s. 1. 

21. Between sunset and sunrise. If such arrest 
shall be made between sunset and sunrise, the person so ar- 
rested may be committed to the common jail or bridewell, 
or house of correction, or otherwise detained in custody not 
exceeding twenty-four hours, within which time he shall be 
discharged or taken before a court of justice to answer for 
the offence. — Id., s. 4. 

22. Jailer to detain. The request of the officer mak- 
ing such arrest shall be a sufficient authority for any keeper 
of a jail, bridewell, house of correction, or other officer or 
person, for keeping such person in custody agreeably to the 
preceding section. — Id., s. 5. 

23. In the day-time. In all other cases, the officer ar- 
resting any offender without warrant shall promptly carry 
him before the police court or a justice, that a complaint 
may be made for the offence, and if he neglects to do so he 
shall forfeit fifty dollars. — Id., s. 6. 

24. May require aid. Every officer in the execution 
of his office, in any criminal case, may require suitable aid ; 
and if any person when so required shall not give such aid, 
he shall be fined not exceeding ten dollars. — Id., s. 2. 



430 HOUSES OF CORRECTION. 

CHAPTER LXXI. 

HOUSES OF CORRECTION. 

1. By vote of town. The selectmen of towns, when 
so authorized by vote of their town, shall have the same 
power to provide lands, buildings, and personal property for 
a house of correction for their town, and to control and 
manage the same, as the county commissioners have in rela- 
tion to a house of correction for the county. — G. L., c. 286, 
s. 1. 

2. Overseers of. The said county commissioners and 
selectmen respectively shall be the overseers of such houses 
of correction ; shall appoint masters and other suitable offi- 
cers for the management thereof; shall direct the kind of 
labor, and the manner and place in which it is to be per- 
formed, either within or without such house, and furnish 
materials therefor ; and shall make and enforce any regula- 
tions, not inconsistent with the laws, necessary to carry into 
effect the provisions of the law relative thereto. — Id., s. 2. 

3. Visitation and inspection. They shall, at least 
once in each month, visit such house of correction ; shall see 
that the law is duly executed, and that the prisoners are 
suitably provided for, and not exposed to abuse or oppres- 
sion. They may remove the master or any officer for mis- 
conduct, and appoint another in his place, except where the 
jailer is by law master of the county house of correction ; 
and once in every six months they shall examine and audit 
the accounts of the master. — Id., s. 3. 

4. Master's authority. The master of such house of 
correction shall receive all persons who shall be sent there 
by lawful authority, and keep them, during the time for 
which they are sentenced thereto, employed in such labor as 
they are able to perform ; and if any of them are refractory 
and stubborn, and refuse to work or to perform their work 



HOUSES OF CORRECTION. 431 

in a proper manner, he may put them in close confinement 
until they submit to perform their task and obey his order, 
and, in case of great obstinacy and perverseness, may reduce 
them to bread and water till they submit and obey. — Id., 
s. 4. . 

5. Escape of offenders. If any offender shall ab- 
scond, escape, or depart from such house of correction with- 
out license, the master shall have power to pursue, retake, 
and bring him back, and to require all necessary aid for that 
purpose, and when taken, may confine him to his work by 
fetters or shackles, or otherwise, as he may judge necessary, 
or may put him in close confinement till he submits to the 
regulations. — Id., s. 5. 

6. Penalty for. Every offender who shall escape from 
such house of correction, being thereof convicted, may be 
punished by confinement to labor therein for one month in 
addition to the time for which he was first committed. — Id., 
s. 6. 

7. Accounting. The master of each house of correction 
shall render an account to the overseers thereof, once in six 
months at least, of the expense of the house of correction, 
and of the labor and earnings of the prisoners, and pay over 
the net earnings of prisoners in the county houses of correc- 
tion to the county treasurer, and of those in town houses of 
correction to the town treasurer. — Id., s. 7. 

8. Persons unable to work. If any person shall be 
committed to any house of correction who is not able to 
work, he shall be properly taken care of, if possessed of 
estate, at his own expense, (1) and if not, at the expense of 
the town or county to which he is by law chargeable as a 
pauper. — Id., s. 8. 

(1) The remedy in such a case may be by suit. It might not be prudent to attempt to 
dispose of his property without his consent. 

9. Jail, as house of correction. Whenever any jail 
is used as a house of correction, the jailer shall be the mas- 



432 SUNDAY AND RELIGIOUS MEETINGS. 

ter thereof, and shall be subject to the provisions of this 
chapter, as far as may be consistent with the other provi- 
sions of law relating to jails and the keepers of jails. — Id., 

s. 9. 



CHAPTER LXXII. 

SUNDAY AND RELIGIOUS MEETINGS. 

1. Secular work. No person shall do any work, busi- 
ness, or labor of his secular calling, (1) to the disturbance 
of others, works of necessity (2) and mercy excepted, on the 
first day of the week, commonly called the Lord's day ; nor 
shall any person use any play, game, or recreation on that 
day or any part thereof. — G. L., c. 273, s. 3. 

(1) The statute does not apply to the making of a will on Sunday (47 E. 27), nor to 
the solemnization of a marriage.— 47 R. 38, 39. 

It does prohibit any secular work, business, or labor (works of necessity and mercy 
excepted), whether of a person's ordinary calling or not, if done in the presence of 
others, with or without their consent. — 47 R. 27; Digest, p. 589; 58 R. 248. 

Injuries to travellers on highways, see ante p. 325 (d). 

Payments and indorsements on Sunday will not renew a note.— Whitcher v. McCon- 
nell, 59 R. 470. 

(2) Chapter 93 of the Laws of 1883 declares that this section shall not be construed to 
prevent necessary repairs in mills and factories, which could not be made on a week 
day without throwing many operatives out of employment. 

(a) Secular labor, not of necessity or mercy, on Saturday, Sunday, and Monday, un- 
der an entire contract, contemplating part performance on Sunday, is equally without 
remedy by suit on either day, the entire contract being void.— Williams v. Hastings, 
59 R. 373. A note given on Sunday is void, even in the hands of an indorsee, if charge- 
able with knowledge.— Gilman v. Berry, 59 R. 62, and cases cited. 

2. Public worship protected. No person shall, on 
the Lord's day, within the walls of any house of public wor- 
ship or near the same, behave rudely or indecently, either 
in the time of public service or between the forenoon and 
afternoon services. — Id., s. 4. 

3. Under what penalties. Any person offending 
against any provision of the last two preceding sections of 
this chapter, shall forfeit a sum not exceeding six dollars, 



SUNDAY AND RELIGIOUS MEETINGS. 433 

which shall be recovered (1) by any selectman or police 
officer, for the use of the town. — Id., s. 5. 

(1) By an action of debt before a justice of the peace.— G. L., c. 266, s. 1. 

4. Removing disturbers. Any selectman or police 
officer shall have power to remove any person behaving 
rudely or indecently in any meeting for public worship 
from the place of such meeting, and him detain until the 
close thereof, and the same right to command assistance as 
sheriffs have, and may prosecute for all violations of the 
third and fourth sections of this chapter. — Id., s. 6. 

5. Volunteer police. If any person shall disturb any 
religious meeting by speaking in the same so as to interrupt 
or prevent the stated and orderly proceedings and exercises 
of such meeting, or shall make such disturbance while the 
people are assembling at or leaving their place of worship, 
and shall not desist therefrom when requested, he may be 
removed from such meeting or place of worship by any indi- 
vidual. — Id., s. 7. 

6. Fines and sureties of the peace. Any person 
so offending shall be fined (1) from one dollar to ten dol- 
lars, and may be required to recognize, with sureties, in a 
sum not less than fifty dollars nor more than one hundred 
dollars, to be of good behavior for one year. — Id., s. 8. 

(1) As ante, a. 3 (1). 

7. No sale WITHIN two miles. No person, without 
permission from the managers of such assembly, shall keep 
any shop, tent, booth, wagon, or carriage, for the sale of, or 
shall sell, give, or expose to sale, any spirituous liquor, 
goods, or merchandise of any kind, within two miles of any 
public assembly convened for the purpose of religious wor- 
ship ; but this shall not be construed to prevent any person 
from selling merchandise at the shop or store where he usu- 
ally transacts business, nor from selling liquors in any place 
where he shall have received a license therefor before the 
appointment of such religious meeting ; nor to prevent any 

19 



434 SUNDAY AND RELIGIOUS MEETINGS. 

peddler from selling his goods to any person at the usual 
place of business or residence of such person. — Id., s. 9. 

8. Open shops on Sunday. No person shall keep open 
his shop, warehouse, cellar, restaurant, or workshop, for the 
reception of company, or shall sell or expose for sale any 
merchandise whatsoever on the first day of the week, com- 
monly called the Lord's day ; but this section shall not be 
construed to prevent the entertainment of boarders, or the 
sale of milk, bread, and other necessaries of life, or drugs 
and medicines. — Id., s. 10, as amended by c. 95 of the Laws 
of 1883. 

9. Under what penalty. If any person shall be guilty 
of a breach of either of the two preceding sections, he shall 
be fined not exceeding ten dollars, or imprisoned not exceed- 
ing thirty days, or both. — Id., s. 11. 

10. General rowdyism. If any person shall be guilty 
of noisy, rude, or indecent behavior, of exhibiting shows or 
plays, or promoting or engaging in horse-racing or gambling, 
at or near any religious meeting, so as to interrupt or dis- 
turb the same, he shall, on conviction by any justice, be 
fined not exceeding ten dollars, or, if the offence is deemed 
by him of an aggravated nature, such person may be held 
to recognize, with sufficient sureties, to appear at the su- 
preme court next to be holden in such county, and, upon 
conviction before that court, he shall be fined not exceeding 
fifty dollars, or imprisoned not exceeding ninety days. — Id., 
s. 12. 

11. Arresting without warrant. Any person, upon 
view of any offence described in this chapter, may appre- 
hend the offender, and bring him before a justice for trial. — 
Id., s. 13. 

12. Police from other towns. The ministers, elders, 
officers, or managers of any religious or other public meet- 
ing or assembly convened or about to be convened in any 
town, may, at their own expense, employ police officers of 



CITIES AND WARDS. 435 

any other town in this state to preserve order among the 
persons attending and coming and going there ; and such 
officers so employed shall have the powers there which they 
have in the towns for which they are appointed. — Id., s. 14. 
13. Thirty days' limitation. No prosecution for the 
violation of any provision of this chapter shall be sustained 
unless commenced within thirty days after the commission 
of such offence. — Id., s. 15. 



CHAPTER LXXIII. 

CITIES AND WARDS. 

1. As SUCCESSORS OF TOWNS. All cities, now or here- 
after incorporated, shall have, exercise, and enjoy all the 
rights, immunities, and privileges, and shall be subject to all 
the duties, incumbent upon or appertaining to the town cor- 
porations to which they succeed. — G. L., c. 44, s. 1. 

2. Statutes as to towns applicable. All provisions 
of statutes now made or hereafter enacted, relating to towns, 
shall be understood to apply to cities ; and all such provi- 
sions relating to the selectmen and town-clerks of towns 
shall be construed to apply to the mayor and aldermen and 
city clerks of cities respectively, unless a different intention 
appears. — Id., s. 2. 

3. Administration in whom vested. The administra- 
tion of all the fiscal, prudential, and municipal affairs of any 
city, and the government thereof, shall be vested in one 
principal officer called mayor, a board of aldermen, and a 
common council ; and the said mayor and aldermen and 
common council, in their joint capacity, shall be called the 
city councils. — Id., s. 3. 

4. Each ward a town. Each ward into which a city 
may be divided by law or in pursuance of law, shall be a 



436 CITIES AND WARDS. 

town for the purpose of the election of governor, councillor, 
senator, representative to the general court, all county offi- 
cers, representative in congress, and electors of president 
and vice-president of the United States, and in all matters 
relating to jurors. — Id., s. 4. 

5. Voters and check-lists. The qualifications of voters 
in such towns shall be the same as in other towns, and check- 
lists of voters shall be prepared and used in all elections 
there as in other towns. — Id., s. 5. 

6. Ward meetings. The meeting of the inhabitants of 
each ward, for the election of city and ward officers, shall 
be holden on such day as may be fixed by law or by ordi- 
nance of the city council ; and all ward, city, and town offi- 
cers who are chosen by the people shall hold their respective 
offices for the term and from the day fixed by law or ordi- 
nance, and until others are appointed in their stead, except 
where a different term of office is prescribed. — Id., s. 6. 

7. Ward oeficers. Three selectmen, a moderator, and 
town-clerk shall be elected in each of said towns, who shall 
have the powers, perform the duties, and be subject to the 
liabilities of those officers in other towns, so far as relates to 
the warning of meetings, conducting elections, counting and 
declaring the votes, recording the same, making return of 
the votes received, and certificates of elections, and all other 
matters relating to elections. — Id., s. 7. 

8. Opening and closing the polls. In all elections 
by the voters in their wards, the polls shall be opened at 
nine o'clock in the forenoon of the day of election, and shall 
be kept open until three o'clock, and not later than six 
o'clock in the afternoon, as the meeting shall direct, and but 
one balloting shall be had during the day for each officer to 
be voted for ; but this section shall not apply to special elec- 
tions called to fill vacancies in any ward office. — Id., s. 8. 

9. Plurality elects. In all elections of city and ward 
officers, the person having the highest number of votes for 



CITIES AND WAKDS. 437 

any office shall be elected : and if a number of persons 
greater than the number to be chosen shall severalty receive 
the largest and an equal number of votes, so that no choice 
is made, the ballotings shall be continued till the requisite 
number of persons shall be chosen ; but no balloting shall 
be commenced between sunset and sunrise. — Id., s. 9. 

10. Duties of ward clerk. The town-clerk shall re- 
cord the votes and proceedings of all ward meetings, shall 
enter upon the record the names of all persons voted for, 
and the number of votes given for each, in words at length ; 
and he shall deliver to his successor in office all records, 
record-books, journals, files, and papers, and other things 
whatever held by him in his capacity of clerk. — Id., s. 10. 

11. State elections. All meetings of the inhabitants 
for the election of county, state, or United States officers 
who are voted for by the people, shall be held in their re- 
spective wards at the time legally appointed for those elec- 
tions respectively. — Id., s. 11. 

12. Deawixg jueors. The selectmen and town-clerk 
of each ward shall perform the same duties in relation to 
jurors as are incumbent on the like officers of other towns. 
Id., s. 12. 

13. City charters and special acts. All statutes 
heretofore passed applying to particular cities shall remain 
in force. — Id., s. 13. 



CHAPTER LXXIV. 

MAYOES OF CITIES. 

1. Choice of. The qualified voters in each ward, at the 
meeting for the choice of city and ward officers, shall give 
in to the moderator their votes for a mayor of the city, 
which shall be received, sorted, counted, and declared, and 



438 MAYORS OP CITIES. 

a record thereof made in the same manner as votes for sen- 
ators ; and a copy of the said record, certified by the moder- 
ator, a majority of the selectmen, and the town-clerk, shall 
be delivered by said town-clerk to the city clerk, within 
twenty-four hours after such meeting. — G. L., c. 45, s. 1. 

2. Votes canvassed. The city councils shall meet in 
convention, on the day appointed by law or ordinance for 
that purpose, and the city clerk, having entered upon the 
record the number of votes given in each ward for every 
person voted for as mayor, shall lay before the convention 
the returns of such votes, who shall examine the same and 
declare the person who has the largest number of votes to 
be elected mayor, and cause him to be notified of his elec- 
tion. — Id., s. 2. 

3. Contested election. In case the election of mayor 
is contested, the city councils in convention shall have power 
to send for persons and papers, may inquire into the correct- 
ness of the returns, and shall hear and receive evidence as 
to any fraud or misconduct in relation to the election ; and 
for that purpose may adjourn from time to time, not later 
than the time appointed for the convention of the new city 
councils. — Id., s. 3. 

4. If no choice. If no person is elected mayor, or if 
the person elected declines, the convention shall make a 
record of the fact, and appoint a day for another election ; 
and the mayor and aldermen shall issue their precept to the 
selectmen of the several wards, requiring them to call meet- 
ings of their wards on the day so appointed ; and the same 
proceedings shall be had from time to time until a mayor is 
chosen. — Id., s. 4. 

5. Mayor's powers. The mayor thus chosen and qual- 
ified shall be the chief executive officer of the city, and for 
the preservation of the peace shall have the powers of 
sheriff and conservator of the peace, and, in case of any un- 
lawful assembly, may appoint so many special constables as 



MAYORS OF CITIES. 439 

he may think expedient, giving to each snch badge of office 
as the city councils have appointed or he shall appoint. — Id., 
s. 5. 

6. His duties. He shall cause the laws and regulations 
of the city to be executed, and shall exercise a general super- 
vision over the conduct of all subordinate officers, and cause 
their violation or neglect of duty to be punished. — Id., s. 6. 

7. Presiding officer. He shall preside in the board 
of aldermen and in convention of the city councils, and shall 
be ex-officio chairman of the board of overseers of the poor. 
He shall have a negative upon the action of the aldermen in 
laying out highways, and in all other matters ; and no vote 
can be passed or appointment made by the board of alder- 
men over his veto, unless by a vote of two thirds at least of 
all the aldermen elected. — Id., s. 7. 

8. Calling special meeting. He may call special 
meetings of the board of aldermen and common council, or 
either of them, when in his opinion the interests of the city 
require it, by causing a notification to be given to each mem- 
ber of the board to be convened, or left at his abode. — Id., 
s. 8. 

9. Messages. He shall from time to time communicate 
to the city councils respectively such information and rec- 
ommend such measures as the interests of the city shall in 
his judgment require. — Id., s. 9. 

10. Salary. He shall receive for his services such salary 
as the city councils shall determine, payable at stated peri- 
ods, and shall receive no other compensation ; and such salary 
shall not be increased or diminished from the time of any 
election till the close of the term of the mayor then elected. 
—Id., s. 10. 

11. Mayor PRO TEM. Whenever the mayor of any city 
shall be absent, or disabled by sickness or otherwise, the 
board of aldermen may choose one of their members to be 
chairman, and he shall have all the powers and perform all 



440 MAYOR AND ALDERMEN, AND COMMON COUNCIL. 

the duties of the mayor during his absence or disability. — 
Id., s. 11. 

12. Vacancy. Whenever the office of mayor shall be- 
come vacant by death, resignation, or otherwise, the board of 
aldermen may choose one of their members chairman, and he 
shall have all the powers and perform all the duties of the 
mayor, until a mayor shall be elected and qualified to fill 
the vacancy. — Id., s. 12. 



CHAPTER LXXV. 
mayor and aldermen, and common council. 

1. Election of aldermen and common councilmen. 
There shall be chosen in each ward, at the regular meeting 
thereof, by ballot and by plurality of votes, so many alder- 
men and common councilmen as shall be authorized by law 
or ordinance. If the choice of aldermen, common council- 
men and town officers cannot be conveniently completed on 
that day, the meeting may be adjourned from day to day to 
complete the choice. — G. L., c. 46, s. 1. 

2. Certificate of election. The clerk shall, within 
twenty-four hours after such choice, deliver to each person 
chosen alderman or common councilman a certified copy of 
the record of his election, (1) signed by himself, the moder- 
ator, and a majority of the selectmen. — Id., s. 2. 

(1) See ante p. 84, s. 3. 

3. Convention. The mayor, aldermen, and common 
council shall meet in convention (1) on such day as shall be 
appointed by law or ordinance, at ten o'clock in the fore- 
noon, when the oath of office may be administered to the 
mayor-elect, if present, by any judge, or justice of the peace, 
and to the aldermen and common councilmen, by the mayor 
or any justice of the peace. — Id., s. 3. 

(1) See Digest, p. 149. 



MAYOR AND ALDERMEN, AND COMMON COUNCIL. 441 

4. Recoed of oath. A record (1) that such oaths have 
been so taken shall be made in the journal of the mayor and 
aldermen and of the common council, by their respective 
clerks. — Id., s. 4. 

(1) See ante p. 113, s. 31. 

5. At subsequent time. If from any cause the mayor 
or any of the aldermen or common councilmen are not then 
sworn, the oath may be administered to them at any time 
thereafter, a record thereof being made on the journal of 
their board. — Id., s. 5. 

6. Boaed of mayor AND aldermen. The mayor and 
aldermen shall compose one board, and shall sit and act to- 
gether as one body at all meetings, of which the mayor, if 
present, shall preside, but in his absence a chairman shall 
be chosen. The city clerk shall be clerk of the board. — Id., 
s. 6. 

7. Boaed of councilmen. The persons chosen and 
qualified as members of the common council shall sit and 
act together as one board, distinct from the mayor and 
aldermen, except when the two bodies are required to act 
in convention. — Id., s. 7. 

8. Peesident of council. The common council shall 
from time to time choose one of their number to preside at 
all meetings of the board, who shall have, for the preserva- 
tion of order, the powers of a moderator in town-meeting. — 
Id., s. 8. 

9. Clerk of council. They shall choose a clerk, who 
shall hold his office during their pleasure, shall attend their 
sessions, and keep a record of their acts, doings, and pro- 
ceedings, and perform such other services in his office as the 
said council shall require. — Id., s. 9. 

10. Quorum. A majority of each branch of the city 
councils shall be a quorum for the transaction of business ; 
their meetings shall be public, and, on motion of any mem- 

♦19 



442 MAYOR AND ALDERMEN, AND COMMON COUNCIL. 

ber, the yeas and nays on any question shall be taken and 
entered upon the journal. — Id., s. 10. 

11. Each branch final judge of membership. Each 
branch shall be the final judges of the election and qualifi- 
cation of its members, and if any election is contested, shall 
have the same powers to ascertain the facts as the city con- 
vention have in regard to the election of mayor ; and in case 
of a vacancy in their branch by death, resignation, or other- 
wise, the remaining members of such branch shall call a new 
election in the ward in which such vacancy shall have oc- 
curred to fill the same. — Id., s. 11. 

12. May make rules. Each branch may make, alter, 
or repeal rules for the orderly transaction of its business ; 
and the two branches, by concurrent vote, may make and 
alter joint rules for the transaction of the business of the 
two branches. — Id., s. 12. 

13. Without compensation. No member of either 
branch, except the mayor, shall receive any compensation 
for his services, or shall hold any office or agency created 
during his continuance in office. — Id., s. 13. 

14. Executive powers, in whom vested. The ex- 
ecutive powers of the city and the administration of police, 
except where vested in the mayor, shall be exercised by the 
mayor and aldermen ; and they shall have the powers and 
do and perform all the duties which the selectmen of towns 
have, are authorized, or required to do and perform in regard 
to their towns, unless it is otherwise provided by law. — Id., 
s. 14. 

15. To APPOINT officers. They shall appoint a city 
marshal, and one or more assistant marshals if they think 
it necessary, a collector of taxes, constables, police officers, 
and watchmen, and remove them from office for sufficient 
cause ; and may require the marshal and constables, before 
entering on their duties, to give bonds, with sufficient sure- 
ties, to any reasonable amount, upon which like proceedings 



MAYOR AND ALDERMEN, AND COMMON COUNCIL. 443 

and remedies may be had, as in case of bonds required to 
be given by constables of towns. — Id., s. 15. 

16. Badges and UNIFORMS. It shall be the duty of 
the mayor and aldermen to fix and determine a suitable and 
appropriate uniform for the marshal, assistant marshal, and 
police officers by them appointed, and to designate such 
badges and other marks of their official character as they 
may deem expedient. — Id., s. 16. 

17. Shade-trees. The mayor and aldermen may set 
out and maintain shade-trees and shrubbery on public 
squares and highways, to the amount annually appropriated 
by the city council. — Id., s. 17. 

18. General meeting of inhabitants. The mayor 
and aldermen shall issue their warrant for a general meet- 
ing of the inhabitants, (1) for any constitutional or legal 
purpose, whenever requested to do so, in writing, by one 
hundred legal voters. — Id., s. 18. 

(1) It has been held that a vote passed at such a meeting is merely advisory, and may 
be disregarded by the city couucils. — Kelley v. Kennard, 60 R. 1. 



CHAPTER LXXVI. 

CLERK, AND OTHER CITY OFFICERS. 

1. Clerk, how elected. The city councils being met 
in convention, upon the day appointed by law or ordinance, 
shall by joint ballot elect a city clerk, (1) who shall hold 
his office for the term fixed by law or ordinance, and until 
another is chosen and qualified, removable, however, at the 
pleasure of the city councils. — G. L., c. 47, s. 1. 

(1) See Digest, p. 149, ss. 1-4. 

2. His duties. The city clerk shall be ex-officio clerk of 
the board of mayor and aldermen, shall keep a journal of ail 
the acts, votes, and proceedings of the mayor and aldermen, 



444 CLERK, AND OTHER CITY OFFICERS. 

and also of the city councils when sitting in convention, and 
shall perform such other services as the mayor and aldermen 
or city councils may prescribe. — Id., s. 2. 

3. Town-clerk's duties and powers. He shall per- 
form all the duties and exercise all the powers incumbent 
upon or vested in the town-clerks of towns, (1) except 
where it is otherwise provided by law. He shall deliver to 
his successor in office, as soon as chosen and qualified, all 
journals, records, record-books, papers, files, and other things 
whatsoever held by him in his capacity of city clerk. — Id., 
B. 3. 

(1) See ante pp. 103-106, ss. 2-9. 

4. Invoice for taxes. The city clerk shall receive the 
invoice and assessments (1) made, or a copy thereof re- 
quired by law to be returned to his office, and keep the same 
there, open to public inspection, but shall not record the 
same. — Id., s. 4. 

(1) See ante p. 216, s. 33. 

5. Clerk pro tem. Whenever the city clerk shall be- 
come unable, by reason of sickness or otherwise, to discharge 
his duties, the mayor and aldermen may appoint a clerk pro 
tempore, who shall perform all the duties of clerk during 
such time as said incapacity may continue. — Id., s. 5. 

6. Vacancy. In case the office of city clerk shall become 
vacant (1) from any cause, the mayor and aldermen shall 
forthwith appoint a clerk pro tempore, who shall hold the 
office and perform the duties until a clerk shall be elected 
by the city councils at a convention which may be held at 
any time for that purpose. — Id., s. 6. 

(1) See ante p. 113, c. 20. 

7. City marshal. The city marshal shall, under the 
mayor, have the control and direction of the police of the 
city ; shall attend upon the mayor and aldermen when re- 
quired ; shall be, by virtue of his office, constable and con- 



CLERK, AND OTHER CITY OFFICERS. 445 

servator of the peace ; and, in the absence or disability of 
the mayor, shall have the same powers for the preservation 
of the peace as the mayor. — Id., s. 7. 

8. City police. The authority of the marshal, assistant 
marshals, collectors, constables, police officers, and watch- 
men shall extend to any ward, and to every part of the city. 
—Id., s. 8. 

9. Assessors. So many assessors may be chosen in each 
ward as may be prescribed by law or ordinance ; or so many 
assessors may be chosen in such manner and for such terms 
as may be prescribed by law, or as the city councils may by 
ordinance (1) provide, who shall hold their offices for the 
terms therein limited. — Id., s. 9. 

(1) That is to say, perhaps, otherwise than by wards, but this is doubtful. 

10. Their duties and powers. The assessors, how- 
ever elected, shall constitute a board of assessors for the 
city, who shall perform all the duties relative to taking the 
inventory and the appraisal of property for taxation, and in 
regard to the assessment and abatement of taxes, and issuing 
warrants for the collection of the same, as are now or may 
hereafter be required by law of selectmen (1) and assessors 
of towns ; and shall have all the powers and be subject to 
the same liabilities in regard to those duties which select- 
men and assessors in towns now or hereafter may have or 
be subject to in regard to the same. — Id., s. 10. 

(1) See ante pp. 206-253. 

11. A ssistant ASSESSORS. The city councils of any city 
may elect assistant assessors, not exceeding six in number, 
who shall assist the assessors of such city in the discharge of 
their official duties when necessary for the seasonable com- 
pletion of the inventory and assessment; and the assistant 
assessors shall act under the direction of the assessors. — Id., 
s. 11. 

12. State, county, and school-district taxes. 
The mayor and aldermen shall forthwith deliver to the 



446 POWERS OF CITY COUNCILS. 

chairman of the board of assessors all warrants for the assess- 
ment of state and county taxes which may be addressed to 
them, and all certified copies of the votes of school-districts 
for raising district taxes which may be delivered to them ; 
and the same shall be sufficient authority for the assessors 
to assess and collect such taxes. — Id., s. 12. 

13. Custodian of records and papers. All records, 
books, papers, vouchers, and documents of every kind, which 
shall be in the hands of any officer, committee, or board of 
officers of the city, not their individual property, which shall 
not be needed for their present use, shall be properly filed (1) 
and deposited in the office of the city clerk, and shall be 
kept and preserved there by him as public records of the 
city. — Id., s. 13. 

(1) See ante p. 105, s. 7. 



CHAPTER LXXVII. 

POWERS OF CITY COUNCILS. 

1. Authority of towns. All the powers vested by 
law in towns, or in the inhabitants thereof, shall be exer- 
cised by the city councils by concurrent vote, each board 
having a negative on the other. — G. L., c. 48, s. 1. 

2. Necessary officers. The city councils shall have 
power to provide for the appointment or election of all nec- 
essary officers for the good government of the city not other- 
wise provided for, and to prescribe their duties and fix their 
compensation ; but no person shall be elected by the city 
councils, or appointed by the mayor and aldermen to any 
office of profit, who at the time of such election or appoint- 
ment is a member of the board of aldermen or common 
council. — Id., s. 2. 

3. City treasurer. The city council shall, at the time 
fixed by ordinance for that purpose, meet in convention, and 



POWERS OF CITY COUNCILS. 447 

by joint ballot elect a city treasurer and all other subordi- 
nate officers who are not chosen in ward meetings, appointed 
by the mayor and aldermen, or otherwise appointed by law; 
and all such officers shall hold their respective offices until 
others are elected or appointed and qualified in their stead. 
—Id., s. 3. 

4. Vacancies in subordinate offices. At a like 
convention, held by request of either branch of the city 
councils, they shall fill all vacancies that shall exist iu the 
boards of assessors, overseers of the poor, or school commit- 
tee, until an election shall be had, and all vacancies in any 
office to which they shall have the power to elect. — Id., s. 4. 

5. The charge of city property. The city coun- 
cils shall have the care and superintendence of the city 
buildings, all city property, and all public squares and 
streets ; and the power to sell or let what may be legally so 
disposed of, and to purchase property, real or personal, for 
the use of the city, whenever the interests or convenience of 
the city shall require it. — Id., s. 5. 

6. Disbursements and custody of money. The city 
councils shall take proper care that no money be paid from 
the city treasury, unless previously granted and appropri- 
ated, and shall secure a just and prompt accountability from 
all persons entrusted with the receipt, custody, or disburse- 
ment of the money or funds of the city, or the care of its 
property. — Id., s. 6. 

7. Annual financial report. The city councils shall, 
once in every year at least, publish, for the use and informa- 
tion of the inhabitants, a particular account of the receipts 
and expenditures of the city, and a schedule of its debts and 
property. — Id..s. 7. 

8. Drains and sewers. The city councils shall have 
power to construct drains and common sewers through high- 
ways, streets, or private lands, paying the owners such dam- 
ages as they shall sustain thereby, said damages to be as- 



448 POWERS OF CITY COUNCILS. 

sessed by the mayor and aldermen in the same manner and 
with the same right of appeal from their decision as in case 
of the laying out of highways ; and may require all persons 
to pay a reasonable sum for the right to open any drain into 
any public drain or common sewer. — Id., s. 8. 

9. As boards OF health. All the powers vested in 
the board of health of towns shall be vested in the city coun- 
cils, and shall be carried into execution in such manner, by 
such officers, and with such powers as the city councils shall 
determine. — Id., s. 9. 

10. By-laws and ordinances, upon what subjects. 
The city councils shall have power to make all such salutary 
and needful by-laws as towns and the police officers of 
towns, and engineers or firewards, by law have power to 
make, and to annex penalties, not exceeding twenty dollars, 
for the breach thereof ; and may make, establish, publish, 
alter, modify, amend, and repeal ordinances, rules, regula- 
tions, and by-laws for the following purposes : 

I. To carry into effect all the powers by law vested in the 
city. 

11. To regulate the police of the city ; to prevent any riot, 
noise, disturbance, or disorderly assemblages ; to regulate 
the ringing of bells, blowing of horns or bugles, and crying 
goods and other things ; and to prescribe the powers and 
duties of police officers and watchmen. 

ill. To suppress and restrain disorderly houses and houses 
of ill-fame, gambling houses and places, billiard-tables, nine 
or ten pin alleys or tables, and ball alleys, and all playing 
of cards, dice, or other games of chance ; to restrain and 
prohibit all descriptions of gaming and fraudulent devices; 
and to authorize the destruction and demolition of all instru- 
ments and devices used for the purpose of gaming. 

IV. To prohibit or regulate the manufacture, sale, or giv- 
ing away of any spirituous or intoxicating liquor, to estab- 
lish regulations for groceries, stores, restaurants, places of 



POWERS OF CITY COUNCILS. 449 

public amusement, and other places where such spirituous 
or intoxicating liquors may be sold ; to authorize the entry 
of proper officers into all such places to inspect the same, 
and the seizure and forfeiture of all such liquors, and the 
instruments used or designed to be used in the manufacture 
or sale of the same. 

V. To regulate or prohibit the exhibitions of common 
showmen, and shows of every kind, and the exhibition of 
any natural or artificial curiosities, caravans, circuses, or 
theatrical performances. 

VI. To license and regulate porters, cartmen and cartage, 
runners for boats, stages, cars, and public houses, hackney 
coaches, cabs, and carriages, and their drivers; the care and 
conduct of all animals, carriages, and teams, standing or 
moving in the streets ; to prevent horse-racing and immod- 
erate riding or driving in streets and on bridges, and prevent 
cruelty to animals. 

VH. To regulate all streets and public ways, wharves, 
docks, and squares, and the use thereof, and the placing or 
leaving therein any carriages, sleds, boxes, lumber, wood, or 
any articles or materials, and the deposit of any waste or 
other thing whatever ; the removal of any manure or other 
material therefrom; the erection of posts, signs, steps, or 
awnings ; the digging up the ground, or any other act by 
which the public travel may be incommoded ; the securing 
by railings or otherwise any well, cellar, or other dangerous 
place in or near the line of any street ; to prohibit the roll- 
ing of hoops, playing at ball, or flying kites, or any other 
amusement or practice having a tendency to annoy persons 
passing in the streets and sidewalks, or to frighten teams 
and horses within the same ; and to compel persons to keep 
the snow, ice, and dirt from the sidewalks in front of the 
premises owned or occupied by them. 

VIII. To regulate the keeping, conveying, and places of 
deposit of gunpowder and other combustible and dangerous 



450 POWERS OF CITY COUNCILS. 

materials ; the use of candles, lights, and matches in barns, 
stables, and other buildings containing combustible and dan- 
gerous materials ; to regulate the erection or use of build- 
ings within the most compact part of the city, for any pur- 
pose which in the opinion of the city councils shall more 
immediately expose said city to destruction by fire, and to 
define the limits of such compact part. 

IX. To restrain and regulate the running at large of horses, 
cattle, sheep, swine, goats, and geese, and to authorize dis- 
training, impounding, and sale of the same, for the penalty 
incurred and costs of the proceedings. 

x. To regulate the keeping of dogs and their running at 
large, impose a tax upon them, require them to be licensed, 
and authorize the destruction of those kept or running at 
large contrary to the ordinance. 

XI. To establish markets and market-places; regulate the 
place and manner of selling and weighing hay, selling 
pickled and other fish, and salted and fresh provisions ; sell- 
ing and measuring wood, lime, coal, and other heavy arti- 
cles ; and to appoint suitable persons to superintend and 
conduct the same ; to prevent and punish forestalling and 
regrating ; and to restrain every kind of fraudulent device 
and practice. 

XII. To restrain and punish vagrants, mendicants, street 
beggars, strolling musicians, and common prostitutes, and 
all kinds of immoral and obscene conduct ; and to regulate 
the times and places of bathing and swimming in the canals, 
rivers, and other waters of the city. 

XIII. To abate and remove nuisances ; to regulate the 
location and construction of slaughter-houses, tallow-chan- 
dlers' shops, soap factories, tanneries, stables, barns, privies, 
sewers, and other unwholesome or nauseous buildings or 
places, and the abatement, removal, or purification of the 
same by the owner or occupant ; to prohibit any person 
from bringing, depositing, or having within the city any 



POWERS OF CITY COUNCILS. 451 

dead carcass or other unwholesome substance ; to provide 
for the removal or destruction, by any person who shall have 
the same upon or near his premises, of any such substance, 
or any putrid or unsound beef, pork, fish, hides, or skins, 
and, on his default, to authorize the removal or destruction 
thereof by some officer of the city. 

xrv. Relative to the grade of streets, and the grade and 
width of sidewalks ; to the laying out and regulating public 
squares and walks, commons, and other public grounds, pub- 
lic lights and lamps ; to trees planted for shade, ornament, 
convenience, or use, and the fruit of the same ; to trespasses 
committed on public buildings, and other public property, 
and in private yards and gardens ; in relation to cemeteries, 
public burial grounds, the burial of the dead, and the re- 
turning and keeping records thereof, and bills of mortality, 
and the duties of physicians, sextons, eaid others in relation 
thereto ; relative to public wells, cisterns, pumps, conduits, 
and reservoirs ; the places of military parade and rendez- 
vous, and the marching of military companies with music in 
the streets of the city ; relative to precautions against fire ; 
relative to oaths and bonds of city officers, and penalties 
upon those elected to such offices refusing to serve ; and rel- 
ative to licensing and regulating butchers, petty grocers or 
hucksters, peddlers, hawkers, and common victualers ; deal- 
ers in and keepers of shops for the purchase, sale, or barter 
of junk, old metals, or second-hand articles, and pawn- 
brokers — under such limitations and restrictions as to them 
shall appear necessary. 

They may make any other by-laws and regulations which 
may seem for the well-being of said city ; but no by-law or 
ordinance shall be repugnant to the constitution or laws of 
the state ; and such by-laws and ordinances shall take effect 
and be in force from the time therein limited, without the 
sanction or confirmation of any other authority whatever. — 
Id., s. 10. 



452 POWERS OF CITY COUNCILS. 

11. Ordinances to be published. All city by-laws 
and ordinances shall be duly published, and in such news- 
paper or newspapers as the city council shall direct ; but, 
whenever any city shall make a general revision of all its 
ordinances, no publication of such revised ordinances shall 
be required in any newspaper. — Id., s. 11. 

12. Fines go to the city. All fines and forfeitures, for 
the violation of any by-law or ordinance of a city, shall be 
recovered by complaint before the police court of said city, 
and shall inure to such uses as the city councils may direct. 
—Id., s. 12. 

13. Form of complaint. It shall be sufficient in any 
such complaint to set out the offence plainly and substan- 
tially ; but the by-law or ordinance upon which the com- 
plaint is founded need not be recited or set out. — Id., s. 14. 

14. Right of appeal. Any party so prosecuted shall 
have the right to appeal to the supreme court in the same 
manner and on the same terms and conditions as are pro- 
vided by law for appeals from the judgments of justices of 
the peace in other criminal prosecutions. — Id., s. 13, 






ALPHABETICAL INDEX. 



ABANDONMENT of children, 336, s. 16. 

none of public rights, 301. 302, ss. 8-11. 
ABATEMENT of nuisances, 409, c. 66. 

of obstructions in highways, 29S, c. 
97, p. 292(c). 
ABATEMENT OF TAXES, 223, c. 25. 
bill in equity, refused, 224 (c). 
by selectmen, 223, s 1. 
by supreme court, 224, s. 2. 
exclusive remedy, 224 (c). 
for erroneous assessment, 220, s. 36. 
having returred inventory, 224, s. 2. 

when excused, 224 (a), 
if tax illegal for excess only, 224 (c) 

but no valid sale, 224 (c). 
limitation of nine months, 224, s. 2. 
neglect of selectmen to give notice, 

224(a). 
non-resident tax owner, 224 (b). 

giving security for costs, 224 (b). 
recording abatement, 224, s. 4. 

form of, 225:1). 
sufficient evidence of title, 224 (b). 
trial of petition, 224 (b). 
watering-trough, abatement for, 224, 

s.3. 
what is good cause, 223 (1), (b), p. 
224, s. 3. 
ACCEPTANCE of road by selectmen, 283, 

s. 1 (b). 
ACCOUNTABILITY OF OFFICERS, 98, 
c. 18, p. 103 (i), p. 209, s. 7, p. 210, 
s. 7; p. 290 (a), p. 294, ss. 24, 26, 
27. 
ACCOUNT of polls and estate, 206, s. 3, 
See also Invoices and Assess- 
ments, post. 
ACCOUNT OF TAX SALES, 231, s. 10, p. 

239, ss. 7, 8. 
ACCOUNTS OF TOWN, how kept, 15, ss. 

23, 24. pp. 107, 108, ss 14-20. 
ACTING OFFICERS, 225, s. 1(1), s. 2(1), 

p. 246, xiii. 
ACTION for land damages, 478, ss. 7, 8. 
for injuries by traveller, 317, c. 51." 
for sales to drunkards after notice, 

406. ss. 24-26 
none for illegal taxes, 224, s. 2 (c) . 
ADJOURNED TOWN-MEETING, 80 (5) 

(6). 
ADMINISTRATOR, taxable, 204, s. 24. 

of collector, du*v of, 117. s. 10. 
ADULTERATING LIQUORS, 402, s. 12. 
ADVERSE POSSESSION by towns, 33, 
s. 7 (b). 
none of public land or rights, 391, 
302, ss. 8-11. 



ADVERTISEMENT for tax sales, 233, s 
16 and notes, p. 237, ss. 3. 4. 
return of, to town-clerk, 238, s. 4 (b), 

p. 246, xi. 
where to be posted, 233, s. 16 (1), 
p. 238, s. 4 and notes. 
AFFIDAVIT of posting for sale, 238, s. 4, 
(a), p. 246, xi. 
of posting notice, 124 (b). 
of removal before April 1st, 204, s. 25. 
of service of notice, 121 (b) (c). 
of taxation elsewhere, 205, s. 26. 
to account of tax sales, 240, s. 8. 
to check-list, 56. s. 2, p. 57, s. 7. 
to invoice, 214, s. 23. 
to return for invoice, 209, ss. 9. 10. 
under the bribery act, 74, 75, ss. 20, 21. 
AFFIRMATION INSTEAD OF OATH, 

3, s. 23. 
AGE OF CONSENT, 169, s. 10. 
AGENT for building road, 283, s. 1 (b), 

p. 298, ss. 5-7. 
AGENTS for the sale of liquor, 399-401, 
ss. 1, 2, 5, 6, and notes, 
appointment by governor, 402, ss. 
9-11. 
AGENTS FOR TOWNS, choice of, 107, s. 
10 and notes, 
contracts of, whether binding, 7, s. 

3(a). 
personal liability of, 290, s. 16 (a). 
selectmen, if none chosen, 107, s. 10. 
torts and negligence of, 8 (b). 
when towns may indemnify them, 
8(e). 
AGREED TOWN LINE, 33, s. 7 (a). 
AGRICULTURAL STATISTICS, 102 (f ). 
AID, when officers may require, 429, s. 24. 
in suppressing riots, 25, s. 2, p. 26, 

s.3. 
to paupers, 363, lvii. 
to soldiers and sailors, 368, ss. 14, 15. 
ALDERMEN, choice of, 440, s. 1. 

See Mayor and Aldermen, post. 
ALIEN, not a voter, 61, s. 8. 
is taxable, 192 (a). 
may gain a settlement, 358, s. 5 (1). 
naturalization of, 69, 70, ss. 37-39. 
ALIEN'S CHILDREN, status of, 61, 8. 8 
(b). 
wife or widow, 61, s. 8 f<j). 
ALMS-HOUSES, 364, ss. 6, 7. 
j AMENDING RECORD of sales, 240, 8. 8 
(2). 
declaration, 326 (1). 
none of claim upon town, 321, s.9(c). 
none of invoice, 216, s. 33 (b). 



ANCIENT RECORDS. 



454 



ASYLUM. 



ANCIENT RECORDS AS EVIDENCE, 

318, s. 1 (a). 
ANIMALS, where taxed, 198, s. 10. 
estrays, impounded, 1H8, 142. 
wild, bounties upon, 185. c. 37. 
ANNUAL CITY CONVENTION, 437, s. 2. 
financial report, 447, s. 7. 
town-meeting, 2, s. 7, p. 44, s. 1, p. 
70, c. 12. 
record of, 77, c. 13. 
warrant tor, 47, s. 14. 
ANNUAL INVOICE, 206, c. 36. See In- 
voices and Assessments, post. 
APPEALS, 38, s. 2 (4), p. 158, ss. 4, 5, p. 
260, ss 19-24, p. 291, s. 21, p. 303, 
s. 14, p. 308, s. 5. 
APPEARANCE in suits a;ainst town, 32, 
s. 6 (2). 
when a waiver, 119 (2). 
APPOINTMENT, forms of, 34, s. 11, p. 

114, s. 3 (1), p. 116 (1), p. 121 (b). 
APPORTIONMENT of highway costs, 
etc., 271, s. 1 , p. 328, c. 52, p. 329, s. 5. 
of costs of sale for taxes, 243, s. 18. 
APPRAISALS to be at full value, 212, s. 

18, p. 214, s. 23. 
APPRENTICE, 329, c. 53, p. 365, s. 8, p. 

375, s. 3. 
AQUEDUt'T COMPANIES, 305, ss. 12-16. 
ARBITRATION by towns, 28, s. 15 (I). 
ARREST by collector of taxes, 231, s. 11, 
p. 232, s. IS. 
by constable, 74, s. 16, pp. 109, 110, 

s. 21 and notes. , 

by highway surveyor, 289, s. 9 (1). 
by police officers, 428, 429. 
by private persons, 74, s. 16, p. 433, 

s. 5. 
by railroad police, 426-428. 
by watchmen, 428, 429. 
of disturbers of religious meetings, 

432, c. 62. 
of disturbers of town-meetings, 74, 

s. 16. 
of tramps and vagrants, 423, c. 69, p. 

428, 429. 
without warrant, 74, s. 16, p. 427-429. 
ARTICLES in warrant, certainty in, 44, s. 

2 (1), p. 80, s. 4. 
ASSAULT on town officers, 74, s. 19, p. 
100, s. 11. 
upon ballot-boxes, 74, s. 19. 
ASSESSMENT of tax to pay execution, 

17, s. 4. 
ASSESSMENT of taxes, 206, c. 34. See 

Invoices and Assessments. 
ASSESSORS in cities, choice of, 445, ss. 
9-11. 
in towns, 106, s. 9. 

act with selectmen, 106, 3. 9. 
ASSUMPSIT for dog damages, 189, s. 16. 
ASYLUM, commitment to, 352-354, ss. 
10-19. 
certiricate of physicians, 353, s. 12 
(1). p. 354, s. 16 and notes, 
of seiectmen. 354, s. 16 (2). 
discharging from, 355, s. 20. 
inspection of, 355, s. 22. 
letters of patient to be permitted, 

355, ss. 20-22. 
support at, 353, ss. 13, 14, p. 355, ss. 
18, 19. 



ASYLUM— continued. 

when inquisition necessary, 349, ss. 
1, 2, and notes. 
ATTACHMENTS, record of, by clerk, 
105, s. 8, and note, 
indexing, 105, s. 8. 
ATTESTING copies for notice, 123 (2), 
124 (2). 
record by town-clerk, 193, s. 5, and 
notes, 
of a mortgage, 104 (b). 
of other instruments, 104 (c), (d), 

(e). 
of town-meeting, 77, s. 1 (1), pp. 
79(1), 104(a). 
ATTORNEY, employment of, 7 (a). 
compensation of, 7 (a), 
may refer town suit, 8 (d). 
AUDITORS, choice of, 109, s. 21. 
annual reports of, 108, s. 19. 
AWNINGS over highways, 302, ss. 11, 12, 

p. 425, s. 6. 
BAILEE recovering damages, 322, s. 16 

(a). 
BAKER" S SALES, 183, ss. 22, 23. 

on Sunday, 434, s. 8. 
BALLOT-BOXES provided, 71, s. 4 (1) . 

assault upon, 74, s. 19. 
BALLOTS, requisite of, 71. s. 4. 
custody of, 91, s. 29. 
preservation of, 90, s. 28-30. 
BALLOTING, mode of, 71-73, ss. 4-13. 
blank tickets, 71, s. 4, p. 72, s. 7. 
names of candidates, 71, s. 4 and 

notes, 
personal delivery necessary, 99, s. 9. 
several on one ticket, 71, s. 6. 
voter may be challenged, 74,75, ss. 

20-22. 
when balloting unnecessary, 109, s. 
21. 
BANK STOCK AND SAVINGS BANKS, 
346, c. 39. 
at par value, 246, s. 1. 
at residence of owner, 246, s. 1. 
banks to have lien, 247, s. 5. 
cashier to transmit lists of shares, 

247, ss. 2-4. 
collaterals held by savings-banks, 

248, s. 6. 
deposits in savings, 248, ss. 8, 9. 
extent for non-payment of tax, 248, 

s. 9. 
insolvent banks, taxes upon, 249, s. 9 

CD- 
interest if tax not paid, 247, s. 5, p. 

248, s. 9. 
lien of banks for tax, 247, s. 5. 
lists of stockholders by cashier, 247, 

ss. 2^4. 
non-resident owners of shares, 247, 

ss. 1-6, p. 248_, s. 7-9. 
notice, by cashier to selectmen, 247, 
s. 2. 
of non-resident stock, 247, s. 3. 
penalty for neglect, 247, s. 4. 
payment of tax to state treasurer 

248, s. 9. 
real estate of savings, 248, ss. 7, 9. 
state treasurer, payment to, 248, s. 9, 

distribution by, 249, s. 10. 
stocks held as collateral, 248, s. 6. 



: 






BANK STOCK. 



455 



BREAD. 



BANK STOCK AND SAVINGS-BANKS 

— confirmed. 

treasurer to report collaterals, 248, 
s. 6. 
to report deposits, 24S, s. 8. 
unknown residence of owners, 248, 

s. 7. 
winding up no exemption, 249, s. 9 

BABK, etc., on waters not in any town, 
201, ss. 17-19. 
lien of town for tax, 202, s. 18. 
proceedings to enforce, 202, s. 18 (1). 
unconstitutionality of law, 201, s. 17 
CD- 
BASTARDY, 339, c. 54. See Illegitimate 

Children, post. 
BATHING in exposed places, 418, s. 6, p. 

450, xii. 
BEGGARS AND TRAMPS, 366, s. 11, p. 

420, ss. 17, 18, p. 423. c. 69, p. 450, xii. 
BIENNIAL TO WN-MEETINGS, 2 s. 7, 

p. 54, s. 27, p. 70, c. 12, p 80 (a). 
BILLIARD TABLES, 408, ss. 5-8. 
BILL IN EQUITY, remedy by, 160 (a). 

when disallowed, 224 (c). 
BINDING OUL' TO SERVICE, 330, ss. 
2-5, p. 366, ss. 11-13, p. 375, s. 15. 
See County Paupers (374), Furnish- 
ing Relief, etc. (363) , Guardianship, 
etc. (329) post. 
BIRTHS, STATISTICS OF, 170, s. 13. 
BLANKS for -ssessment, 206, s. 2. 
for return or votes, 85, s. 6. 
for vital statistics, 170, s. 13. 
to clergyman, etc., 170, s. 13. 
BLANK TICKETS, 71, s. 4, p. 72, s. 7. 
BLIND MEN, care required of, 324, 325, s. 

21 (b), (f), (h). 
BOARD of common councilmen, 441, ss. 
7-9. 
of fire-ward, 381, c. 60. 
of health officers, 409, c. 66, p. 448, 

s. 9. 
of mayor and aldermen, 441, s. 6. 
BOATS and vessels taxable, 194, vi, p. 199, 

s. 11. 
BOATING, obstructions to, 255, s. 10. 
BONDS OF TOWN OFFICERS, 115, s. 4 
(a), 
liability of sureties upon resignation, 

death, etc., 114, s. 1. 
should be filed with clerk, 115, s. 4 

(a), 
when required, see under proper 
heads. 
BONDS in other cases, form of, 156, s. 1 
(1), p. 261, s. 24, and see under 
proper heads. 
BONFIRES, 418, s. 5, p. 450, viii, p. 451, xiv. 
BORROWING rnonev by towns, 104 (a). 
BOUNDARIES RENEWED, 31, c. 6. 
on Connecticut river, 31, s. 1. 
on other rivers, 31, s. 1 (1). 
penalty for removing, 35, s. 15. 
when induced by fraud, 36 (d). See 
Town Lines, pout. 
BOUNTIES for enlist nent, 8, s. 4, 9 (1). 

upon wild animals, 185, c. 61. 
BOWLING ALLEYS, 508, ss. 5-8. 
BRAND on sheep, 190, s. 19. 
BRAWLS AND TUMULTS, 417, S. 1, p. 

421, ss. 17, 18, p. 428, s. 19. 



BREAD offered for sale, 183, 184, ss. 22, 23. 
BRIBERY AT ELECTIONS, 74-6, ss. 20- 
26, p. 100, s. 12. 
act against, to be read at opening of 
the meeting, 77, s. 27. 
BRIBERY LAW of 1885. See 74-7G. 
BRIDGES AND HIGHWAYS, 4, s. 25. 
at railroad crossings, 307, 308. 
droves of cattle upon, 318, ss. 5, 6. 
not lighted, 305, ss. 9-11, p. 318, s. 5 
(!)• 
BRINGING IN PAUPERS, 375-380. S( e 

County Paupers, post. 
BUCKET o AND LADDERS, 386, 387, ss. 
16, 17. See Firewards and Fire- 
men, post. 
BUILDINGS, erection of, regulated, 450, 
451, x, xiii, xiv. 
destruction of, at fires, 382, 383, ss. 5- 

9. 
encroaching upon streets, 302, s. 11 

(a), 
invoice and assessment of, 213, ss. 20, 

21. 
moving of, in streets, 298, s. 1 (1). 
BURDEN OF PROOF of care or negli- 
gence, 324, s. 21 and notes, 
of settlement of paupers, 356, s. 2, p. 
357. s. 3 (d). 
BUSHEL defined, 182, s. 16, p. 185, s. 29. 
BUTCHERS' SALES, 182, ss. 18-21. 
BY-LAWS OF TOWN, 9, s. 5. 

articles in warrant for, 9, s. 5 (1), p. 

10, s. 6(1), s. 7,(1). 
forms of votes establish, 10, s. 6 (1), 
p. 11, s, 7(1). 

And see under proper heads. 
CALENDAR time, 2, s. 8 
CARRIAGE of traveller, 318, s. 3, p. 234, 

s. 20 (b.) 
CARS AND ENGINES, obstructions by, 

311. 312. 
CASE, action of, against town officers, 110 

(h). 
CATTLE at large, 138, c. 24, p. 42, c. 25. 
CATTLE-GUARDS, 307, s. 1, p. 313, s. 29. 

taxation of, 194, s. 6. 
CAUSE OF INJURY to be proximate, 

323, s. 19. 
CEMETERIES of towns and cities, 37, c. 7. 
appeal of land-owner, 38, s. 2 (4). 

upon discontinuance, 38, s. 3 (2). 
concurrent jurisdiction of selectmen, 

37, s. 1 (1). 
discontinuing, 39, s. 3. 

monuments to be replaced, 39, s. 

3. 
three-fourths vote required, 39, 
s. 4. 
dwelling-house within 20 rods, 37, s. 

2, p. 38 (2). 
form of vote by town for cemetery, 
37, s. 1 (1). 
of petition to selectmen, 38, s. 2 
(1). 
land for, by purchase, 38. s. 2 (2). 
laying out on petition, 37, 38, s. 2 and 
notes. 

proceedings as in highways, 38 
(3). 
monuments in laying out, etc., 38 (1). 
notice for hearing, 38 (1). 

want of, when waived, 38 (b). 



CEMETERIES. 



456 



CITIES AND WARDS. 



CEMETERIES— continued. 

petition for enlargement, 38 (a), 
private cemetery not limited, 38 (2). 
public place within 20 rods, 37, s. 2. 
reinterment, 39, s. 3 
removal of remains, S9, s. 2. 
selectmen's authority, 37-39. 
selectmen, when disqualified, 38 (b). 

waiver of objections to, 38 (b). 
store within 20 rods, 38, s. 2 
suitable place, what is, 38 (1). 

waiverof objections, 38 (b). 
CERTIFICATE, forms of, 48 (a), 49, a.lo; 

and see under proper heads. 
CHANGE of circumstances, 282 (a). 
CHARCOAL measures, 182, s. 17. 
CHARTER, mistake in, 36, s. 17. 
CHECK-LIST, when necessary, 58, ss. 10, 

14. 
assault upon, 79, s. 19. 
form of, 58, s. 15. 
in classed towns, 87, ss. 14-16. 
penalties upon supervisors, 89, ss. 9, 

10. 
posting and regulating (55); see Su- 
pervisors of Check-Lists, post. 
CHILDREN, care and protection of, 329, 

c. 53, p. 339, c. 54, p. 363, c. 57; see 

Furnishing Supplies, etc.. Guar- 

di mship and Protection of Minors, 

Illegitimate Children, post. 
CHOLERA, 415, ss. 2, 3. 

see Pestile- tial Diseases, post. 
CHURCH LOT, encroachments on, 302, 

ss. 9, 10. 
CHURCHES, taxation of, 192, s. 2, and 

note. 
CITIES AND WARDS, 435, c. 73. 

administration, in whom vested, 435, 

s. 3. 
as successors of towns, 435, s. 1. 
balloting hours, 436, ss. 8, 9. 

but one to each officer, 436, s. 8. 
certificates of election, 436, s. 7. 
check-lists and voters, 436, s. 6. 
city charters in force, 437, s. 13. 
city councils, 435, s 3, p. 446, c. 77. 
clerk and other officers, 435, s. 2, p. 

443, c. 75. 
common council, 435, s. 3, p. 446, c. 

77. 
conduct of ward meetings, 436. s. 7. 
delivering up papers and records, 

437, s. 10. 
drawing jurors, 437, s. 12. 
each ward a town, 435, s. 4. 
mayor and aldermen, 435, s. 3. 
moderators of wards, 436, s. 7. 
nine till six at the polls, 436, e. 8. 
no balloting begun between sunset 

and sunrise, 436, s. 9. 
one balloting: to each officer, 436, s. 8. 
opening and closing the polls, 436, s. 8. 
plurality elects, 436, s. 9. 
record of balloting, 437, s. 10. 
records and papers, 437, s. 10. 
recording votes, 436, s. 7. 
return of votes, 436, s. 7. 
special elections, 436, s. 8. 

statutes, 437, s. 13. 
state elections, 437, s. 11. 
statutes as to towns, apply to cities, 

435, s. 2. 



CITIES AND W Aims-continued. 
successors of towns, 435, s. 1. 
successor of ward clerk, 437, s. 10. 
sunset and sunrise ballotings, 437, s. 

9. 
tenure of office, 436, s. 7. 
three selectmen, 436, s. 7. 
town or ward clerk, 436, s. 7, p. 437, 

s. 10. 
voters and check-lists, 436, s. 5. 
wards are towns, 435, s. 4. 
ward clerk, duties of, 437, s. 10. 
ward meetings, 436, s. 6. 

offices, 436, s. 7. 
See also Clerks and City Officers, 
Mayors of Cities, Mayor and Al- 
dermen, and Common Council, 
Powers of Citv Councils, post. 
CLAPBOARDS, saleof , 175, ss. 22-24; see 

Inspectors and Surveyors, post. 
CLASSED TOWNS, check-list in, 58, ss. 

11-13. 
CLERK and city officers, 473, c. 76. 

assessors, choice of, and duties, 455, 

ss 9-11. 
assistant assessors, 455, s. 11. 
citv-clerk, choice of, and duties, 
443, 444, ss. 1-4, p. 444, s. 13. 
pro tern.. 444, ss. 5, 6. 
tenure of office, 443, s. 1. 
city marshals, 442, s. 15, pp. 444, 445, 

ss. 7, 8. 
county and state taxes assessed, 445, 

s. 12. 
custodian of records and papers, 446, 

s. 13. 
depositing records and vouchers with 

clerk, 446, s. 13. 
journal to be kept by clerk, 443, s. 2. 
records an 1 papers deposited, 446, s. 

13. 
school-district taxes, 445, s. 12. 
state and county taxes, 445, s. 12. 
territorial powers of police, 445, s. 8. 
treasurer of cities, choice of, 446, s. 3. 
vacancy in office of clerk, 445, s. 6. 
vouchers deposited with clerk, 446, 
s. 13; see also Mayors of Cities, 
Mayor and Aldermen and < om- 
mon Council, Powers of City Coun- 
cils, post. 
CLERK of the market, 109, s. 21. 
of fire wards, 381, s. 1. 
of village and fire districts, 390, s. 3. 
CLOSING the polls, 72, s. 10 (1). 
COASTING in highways, 325, s 22 (b). 
COASTING PLACES, towns may provide, 

16, s. 28. 
CODICIL defined, 3. s. 21. 
COLLECTOR OF TAXES, 225, c. 36. 
appointment of, 225, s. 1. 
bond within six days, 225, s. 2. 
evidence of breach, 225, s. 2 (1). 
form of appointment, 114, s. 3(1), p. 

225, s. 2 (1). 

liabilities of sureties, 225, s. 2 (1), p. 

226, s. 6. 

only a collector can collect, 225, s. 

l(lu 
collector defacto, 225, s. 1 (l),s.2(l). 
collector's liability limited, 227, s. 9. 
compensation of collector, 226, s. 3. 
to be stated, 226, s. 3. 






COLLECTOR OF TAXES. 



457 



COLLECTION OF TAXES. 



COLLECTOR OF TAXES— continued. 
contracting with by land-owner, 227, 

s. 9 (1). 
death of collector. 226, ss. 4-8. 
deputy collector. 226, s. 8. 
distress, completion of, 226, s. 7. 
extent against, 225, s. 2 (1), p. 228, s. 

14. 
fees same as sheriff 's, 227, s. 11. 

penalty for taking more, 227, s. 
12. 
has powers of a constable, 227, s. 10. 
interest on taxes collectible, 228, s. 

13 (1). 
monthly payments by, 227, s. 13. 
must be sworn. 227, s. 9 (1). 
negligence, losses by, 228, s. 13(1). 
new collector, 226, ss. 4-7. 
not required to test legality of tax, 

227, s. 9 (1). 

removing collector, 117, s. 9 and 

notes, p. 226(a). 
return of name, etc., to treasurers, 

228, s. 15. 

unfinished business at death, 226, ss. 

4-7. 
warrant must be under seal, 227, s. 
9(1). 
with tax-lists must be signed. 

227, s. 9(1). 
what is a signing, 236 (2). 
COLLECTION OF RESIDENT TAXES, 
228, c. 37. 
account of sale, 231, s. 10. 
form of, 231, s. 10(1). 
advertisements for sale, 233, s. 16. 
form of, 233 (a) . 
to give name of occupants, 233, 

s. 16 (2). 
public place for posting, 233, s. 
16(1). 
arresting for non-payment, 231, 8. 11. 
in another town, 232, s. 13. 
not affected by lien on land, 231 

(b). 
not bound to search for goods, 

231 (a). 
not to be oppressive, 231 (a), 
not ordinarily in dwelling-house, 

231 (c). 

committing to jail, manner of, 

232 (d). 

copy for jailer, 232, s. 12. 

certifying upon, 232, s. 12 (2). 
committing to jail, requisites for, 

231, 232, ss. 11, 12 and notes, 
corporation tax, 229, s. 5, p. 232, 

s. 14. 
distress for non-payment, 230, s. 

in another town, 232, s. 13. 
not after an arrest, 230, s. 9 

(b). 
notice of tax before distress, 
229, s. 4. 
form of, 229, s. 6 (1). 
if removed from town, 
232,s.l3. 
exempted articles, 230, s. 8. 
notice for sale, 230, s. 9 and 

notes, 
second seizure, or sale, 230, 
s. 9(a). 

20 



COLLECTION OF RESIDENT TAXES 

— conthmed. 

discount by vote of town, 229, s. 3. 
escape after an arrest, 232, s. 11 (e). 
exemptions from sale, 230, s. 8. 
fees of collector, -234, s. 17 (1). 

to be certified, 232, s. 12. 
credits to tax-payer, 229, s. 3 (1). 
jailer's duty, 232, s. 12. 
list and warrant, 228, s. 1 (1), pp. 274, 

275. 
list of taxes, form of, 235, s. 19. 
signing of, 236, s. 19 (2). 
stating names, 236, s. 19 (1). 
lien or real estate, 232, s. 15. 

against whom and how long in 
force, 233, s. 15 1.1)- 
notice before collection, 229, ss. 4-6. 
form of, 229, s. 6 (1). 
when dispensed with, 229, s. 4. 
notice before selling, 230, s. 9. 
form of, 230, s. 9 (c). 
four days betweeu. 230, s. 9 (1). 
Sunday excluded, 230, s. 9 (1). 
posling notice, see notice, etc., 233, 

s. 16. 
removal from town, 232, s. 13. 
seal, how shown on copy, 232, s. 12 

(1). 
selling for tax, 230, ss. 9-11. 

as in case of non-residents, 234, 

s. 17. 
if tax illegal, sale invalid, 203 

s. 22 (1), p. 224, (c). 
must stop with payment, 230, s. 

9(3). 
within what hours, 230, s. 9. 
second sale or seizure, 230, s. 9 (a), 
suit to collect taxes, 236, s. 20. 
towns may direct discount, 229, s. 3. 
may direct what notice shall be 
given, 229, s. 6. 
fees for, 229, s. 6. 
warrant to collector, form of, 234, 3. 
18. 
COLLECTION of Non-Resident Taxes, 236, 
c. 38. 
account of sales, 239, s. 7. 
form of, 239, s. 8. 
to be returned and recorded, 239, 

s.8. 
to be under oath, 239, s. 8. 
to state adjournments, 240, s. 8 

(2). 
to state hour of beginning, 240, 

3.8(2). 
to state hour of closing, 240, s. 8- 
(2). 
acting officers, sufficient to give title, 

246, xiii. 
advertisement of sale, 237, s. 2. 
form of, 237, (a), 
posting in town, 238, s. 4. 

affidavit of posting, 238, s. 4 

(a,) p. 246, s. 4 (a). 
return and recording, 238, s. 
4 (b), p. 246, xi. 
affidavit of publishing and posting, 

237, 238, s. 3 (b), s. 4 (a), p. 246. 
amending record of sale, 240, s. 8 (2). 
appointment to be recorded, 246, xiv. 
bill of taxes to be sent owner by Sept . 
1st, 237, s. 2. 



COLLECTION OF TAXES. 



458 



CORPORATE NAMES. 



COLLECTION OF NON-RESIDENT 
TAXES— continued. 

may be by mail, 237, s. 2 (1). 
deed after one year, 241, a 15. 
delivery of list by May 30th, 237, s. 2. 
feea of collector, 242, a. 17. 

to be apportioned, 243, a. 18. 
of town-clerk, 241, a. 12. 
filing newspapera with clerk, 239, a. 

7, p. 246, x. 
highway tax, collection of, 242, a. 16, 
certificate of, by highway sur- 
veyor, 242, a. 16 (1). 
illegal fees, penalty fur, 243. a. 19. 
do not invalidate sale, 246, xii. 
list and warrant to collector, 236, a. 1. 
form of, 243, 244, s. 21. 
delivered, by May 30th, 237, s. 2, 
p. 245, ii. 
list of landa redeemed, 241, a. 14, p. 

246, x. 
newspapers to be filed with clerk, 

239, a. 7, p. 246, x. 
no sales before ten o'clock, 238, s. 5, 
p.245, vii. 
nor after six o'clock, 238, s. 5, p. 
245, vii. 
posting in town. See Advertiaement, 

etc. 
publication. See Advertisement, etc. 
publication day, change of, 237, s. 3 

(1). 

purchaaer, who cannot be, 239, s. 6 

(a). 

when town may be, 238, a. 6. 

real estate, what is, for sale, 243, a. 20. 

receipt for redemption money, 240, 

241, sa. 11, 12. 
recording returns, 239, s. 7, p. 246, ix. 
redemption within one year, 240, s. 9. 
of subsequ-nt tax, 240, a. 10. 
part redemption, 240, a. 13. 
receipt for the money, 241, sa. 11, 

12. 
to collector or his administrator, 

240, as. 9, 10. 
to town-clerk in absence of col- 
lector, 240, ss. 9, 12. 
returning to town-clerk, and record- 
ing, 238,8. 4(b), p. 239, a. 7. 
return to town-clerk, 239, s. 7, p. 245, 

viii. 
requisites for valid sales, 245, 246, a. 

22. 
sale after return day, 246, xv. 
sale of so much as necessary, 238, s. 

5, p. 245, v, vi. 
selling, and within what houra, 238, 

a. 5, p. 245, vii. 
aeparate interests, redemption of, 

241, s. 13. 
signing list and warrant, 236, a. 19 

(2), p. 245, ii. 
aubsequent tax, payment of, 240, s. 10. 
uncertainty in deed or salea, 240, a. 
8(1)- 
COMMON LANDS, fencing, 138, as. 21-24. 

strays upon, 143, s. 1 (3). 
COMMON LAW liability of town, 7, s. 3, 

(a),(b). 
COMMONS, towna may provide, 9, s. 4, p. 
37, c. 7. 
straya upon, 142, a. 1. 



COMMON USAGE of words, 1, a. 2. 
COMPROMISING CLAIMS of towns, 101, 

102, s. 5 (a). 
COMPUTATION OF TIME, 5, s. 32. 
CONDITIONAL SALES to be recorded, 

106 (f ) . 
CONNECTICUT RIVER, towns upon, 259, 

260, ss. 21,22. 
CONSTABLES, chosen or appointed, 109, 
s.21. 
arresting upon view, 110 (e). 
at town meeting, 74, ss. 17, 18. 
may command assistance, 109 (c). 
neglecting to pay over, penalty, 110 

(d). 
receiving bribes, penalty, 110 (k). 

if trusteed, 110(d). 
to be sued only in case, 110 (h). 
to give bond or office vacant, 110 (g). 
to prosecute for cruelty to animals, 

110 (i). 
to serve writs and processes, 109 (a). 
refusing, penalty, 109 (b). 
when not disqualified, 109 fb). 
warning town-meetings, 45., 46, as. 

5-11. 
what fees entitled to, 110 (1). 
CONSTITUTIONALITY of the dog law, 
188, s. 11 (1). 
of unequal taxation, 193 (a;, s. 8 (1). 
CONSTRr CTION OF STATUTES, 1. 
CONTESTED ELECTIONS, 91, c. 15. 

compensation and expenses, 92, ss. 

6,7. 
depositions taken, 92, ss. 2, 3. 
evidence before third Wednesday, 

92, s. 5. 
fines upon towns not entitled, 92, ss. 

6,7. 
notice by contestants, 91, s. 1. 
petition before second Wednesday, 

92, s. 4. 
towns fined if not entitled, 93, s. 8. 
CONTRACTS OF TOWNS, 7-9, ss. 1-5 and 

notes. 
CONTRIBUTION by other towns, 328, c. 
52. 
clerk notifying clerk, 328, ss. 3, 4. 
copy of notice of claim in ten days, 
328, s. 3. 
of writ in ten days after, 329, 
s. 4. 
costs apportioned, 329, s. 5. 
damages apportioned, 329, s. 5. 
defending suit, 329, s. 4. 
executions issued, 329, s. 5. 
expenses apportioned, 329, 3. 5. 
judgment and execution, 329, s. 5. 
notice by clerk to clerk, 328, ss. 3, 4. 

to party injured, 328, s. 3. 
party not affected by such contribu- 
tion, 328, s. 2. 
pro rata contribution, 328, s. 1. 
suit against town, notice of, 329, s. 4. 
town notified to contribute, 328, s. 1. 
awarding damages, 328, s. 3. 
to investigate, 328, s. 3. 
when may defend, 329, s. 4. 
COPY, by whom attested, 121, s. 9 (1). 
CORD WOOD, measurers of, 172, s. 10. 
CORN AND RYE, sales of, 185, s. 29. 
CORPORATE NAME .OF TOWNS, 7, 
s. 1. 



CORPORATE POWERS. 



459 



DISCONTINUING, ETC. 



CORPORATE POWERS OF TOWNS, 7, 
s. 1. See Powers and Duties of 
Towns, posr. 
COUNCILLOR, election of, 83, c. 14. 

return of votes for, 84, ss. 2, 3. 
COUNTY COMMISSIONERS, choice of, 
89, ss. 20, 21. See County Officers, 
election of, post. 
COUNTY DEFINED, 4, s. 26. 

lines perambulated, 36, s. 18. 
COUNTY OFFICERS, election of, 89, s. 
20. 
ballots for, preserved, 90, 91, ss. 23-30. 
eligibility for, S9, s. 20. 
plurality elects, 90, s. 24. 

if no plurality, 90, s. 25. 
removable for misconduct, 90, s. 26. 
return of votes. 89, ss. 22, 23. 

counted at law term, 90, s. 24. 
vacancies filled by court, 90, ss. 26, 
27. 
COUNTY PAUPERS, 374, c. 59. 

account to be rendered, 374, s. 1. 
affidavit to, 374. s. 1. 
form of, 374, sec. 1 (a). 
adjudication, binding effect of, 375 
(b). 
set aside for fraud, 375 (b). 
affidavit to account, 374. 
of pauper, 380, s. 15. 
binding out paupers, 375, s. 3. 
bond by masters of vessels, 377, s. 9. 
form of, 377, s. 9 (a). 
penalty if not given, 378, s. 10. 
to be filed with clerk of court, 
378, s. 11. 
bringing from another county, 378, 
ss. 12, 13. 

order to remove, 378, s. 13. 
bringing from out the state, 375, s. 5. 
from state of settlement, 376, s. 7. 
from the state of Vermont, 377, 

s.8. 
into town not chargeable, 376, s. 



in vessels, 377, 378, ss. 9-11. 
with what intent, 376, 377, s. 5 
(l),s.7 1). 
burial of paupers, 374, s. 1. 
coming in to defend suit, 374, s. 1. 
county's liability, 374, s. 1. 
remedy over by, 380, s. 16. 
removing to. 380, s. 17. 
defending suit, 374, s. 1. 
exceptional c ises of support, 375, s. 2. 
foreign paupers brought in, 375, 376, 
ss. 5, 6. 
from state of settlement, 376, s. 7. 
having home here, 376, s 7 (1). 
fourteen days' notice of suit, 374, s. 1 . 
immigrants, security against, 377, 

378, ss. 9, 10. 
judgment of chargeable, effect of, 
375 (b). 
obtained by fraud, 375 (b). 
masters of vessels, bond by, 377, 378, 

ss. 9-11. 
notice of suit to commissioners, 374, 

s. 1. 
one year's notice, 374, s. 1. 
order for removal. 378, 379, ss 13, 14. 
paupers, affidavit of, 380, s. 15. 

from other states, 375, 376, ss. 5-8. 






COUNTY FAUPERS-contiimed. 

immigrants in vessels, 377, 378, 
ss. 9, 10. 
remedy over by county, 380, s. 16. 

by town, 375, 376, ss. 5-8. 
removing: paupers, 380, s. 17. 
six months' notice, 374, s. 1. 
special contracts for support, 375, s. 2. 
supporting in town, 375, s. 2. 
unorganized towns, 375, s. 4. 
vouchers to account, 374, s. 1,380,8. 

15. 
warrant for removal, 379, 380, s. 14 
and notes 
COUNTY SEALER, 179, ss. 3, 4, p. 180, s. 

9. 
COUNTY SOLICITOR, election of, 89, s. 
20. See County Officers, election 
of, ante. 
COUNTY TREASURER, election of, 89, s. 
20. See County Officers, election 
of, ante. 
COURT-HOUSE, town tax for, 9, s. 4 (2). 
COUSINS cannot intermarry, 166, s. 1. 
CRUDE PETROLEUM, 395. c. 63. See 

Explosive Illuminating Oils, post. 
CRUELTY TO ANIMALS, 110(e). 
CULLERS OF STAVES, choice of, 173, 
s. 12. 
duties and fees, 173, s, 14, p. 175, S3. 
24, 25, p 127, s. 27. 
CULVERTS in highways, 292 (e). 
DANCE HOUSES, 422, s. 23. See Offences 
against the Police of Towns, post. 
DANGEROUS BUILDINGS, 382, ss. 6-9. 
fires, 384, ss. 10, 11. 
insane, 332, ss. 10, 11. 
DEATH, vacancies from, 56, s. 3, p. 113, s. 

1, p. 226, ss. 4-8. 
DEATHS, statistics of, 170, s. 13. 
DEBT for penalties, 394, s. 10. 
DECLARATION of the state of the vote, 

72, ss. 9, 10. 
DECORATING GRAVES of soldiers, 8, 3. 

4. 
DEDICATING STREETS by sales, 258, s. 

16(h), p. 298, s. 8. 
DEED OF TOWN, how executed, 7, s. 3 

(1). 
DEPOSITIONS in contested elections, 92, 

ss. 2, 3. 
DESERTERS, whether voters, 60, s. 1 (1). 
DISCONTINUANCE of cemetery, 39, s. 3. 

of common or park, 39, ss. 3, 4. 
DISCONTINUING HIGHWAYS, 279, c. 
44. 
abandonment and disuse inopera- 
tive, 280 (g). 
article in the warrant for, 280. s. 2 

(b). 
by widening and straightening, 280 

(a). 
change of circumstances, 282 (a). 
cutting of wood and timber, 282 

(a), 
diminished ability, 1^82 (a). 
extension of railroads, 282 (a). 
indebtedness of town, 282 (a), 
laying out another highway, 282 
(a?. 
consent of court to discontinuance, 
280, s. 3. 
when necessary, 279, s. 1. 



DISCONTINUING HIGHWAYS. 



460 



DWELLING-PLACE, ETC. 



DISCONTINUING HIGHWAYS-con. 

when appeal is pending, 281 (a), 
damages after discontinuance, 281 

(a),(b). 
damages for discontinuance, 282, ss. 
5,6. 
assessment by commissioners, 

282, s, 5. 
pending an appeal, 281 (a), 
petition for consent, 281, s. 4, p. 

282, s. 6 
when road not constructed, 281, 
(a), p. 282 (a). 
extension of railroads, 282 (a). 
laying out another road, 282 (a), 
petition for consent. 281, s. 4, p. 282, 
s. 6. 
change of circumstances, 282 (a) . 
form of petition, 281, s. 4. 
private road, 281, s. 4 (3). 
road laid out by selectmen, 281, 

s. 4 (2) . 
two or more towns, 231, s. 4 (1). 
petition for damages, 283, s. 6 (1). 
public landing, 280 (f). 
report of commissioners, effect of, 

281 (a), p. 282, s. 5 (1). 
suit for damages after discontin- 
uance, 281 (a), (b). 
within six months, 281 (b). 
twenty years' user, 280 (a), p. 281, s. 

3(1). 
vote of discontinuance, form of, 280, 
s. 2 (a). 
by adopting report of committee, 

280 (d). 
describing the road, 280, s. 2 (b). 
in two or more towns, 280, s. 2 (a). 
must be without reservation, 

280 (b). 
pending an appeal, 281 (a), 
when it takes effect, 280 (e). 
widening and straightening, 280 (a). 
DISCOUNT on executions, 18 (a). 
on taxes, 224, s. 3, p. 229, s. 3. 
DISINTERMENT without authority, 41, 
s. 12. 
permit to surgeons, 41, ss. 13-15. 
DISQUALIFICATION to act, 120, s. 7 and 
note, 446, s. 2. 
substitution for, 120, s. 8 and notes. 
DISSECTION, bodies for, 42, ss. 13-15. 
DISTRACTED PERSON denned, 3, s. 17. 
DISTRESS for taxes, 230-232, 289. 

for highway taxes, 289, s. 9 (1). 
unfinished at collector's death, 116, 
117. 
DISTRIBUTION, no taxing for, 9, s. 4 (2). 
of public documents, 13, s. 17. 
of railroad money, 223 (a). 
DISTURBING MEETINGS, 100, ss. 11-16, 

pp. 432, 433. 
DITCH between owners, 130, s. 1 (a). 
DITCHING, damage from, 291, 292, s. 19 

and notes. 
DIVISION of fences, 130, c. 23. 

of common lands, 138, ss. 21-24. 
of (owns, 14, s. 18, p. 360, s. 8 and 
notes. 
DOG LAW constitutional, 188, s. 11. 
DOGS, injuries from, 185, c. 31. 
by-laws for, 187, ss. 7-9. 
taxes upon, 188, ss. 12-15. 



DOMICIL and Home, 60-70. See Dwell- 

ing-Place and Hon e,post. 
DOOMAGE, 208, s. 5, p. 211, s. 14. 
DOUBLE TAXATION, 195, s. 8 and note. 
DOUBLE VOTING, penalty, 99, s. 8. 
DRAINAGE, land for, 414, s. 15. 
DRAINS AND SEWERS, 412, ss. 9, 10. 
DRAWING JURORS, 125, c. 22. 
annual jury list, 125, ss 2, 5. 
court to direct, 126, s. 6. 
disability of juror, 127, 128, ss. 12, 13. 
drawing by clerk, 127, s. 10. 
by selectmen, 127, s. 11 
during court, 129, s. 17. 
exempts from serving, 126, s. 3. 
within two years, 128, s. 13. 
jury-box, 126, s. 4. 
jury list annually, 125, s. 2. 
to be revised, 126, s. 5. 
notice of drawing, 127, s. 9. 

certificate of posting, 127 (b). 
form of, 127, s. 9 (a). 
notice to jurors, 128, s. 15. 
penalties against clerk, 129, 130, ss. 
18, 21. 
against juror, 129, s. 19. 
against selectmen, 129, s. 20. 
against sheriff, 129, s. 18. 
record of drawing, 128, s. 14. 
form of, 128 (a) . 
of service, 128 (a). 
return of venire, 129, s. 16. 
selectmen's duties, 125, ss. 1,2, p. 127, 

s. 11. 
sheriff's duties, 127, s. 8. 
venires issued by clerk, 126, 127, ss. 
7, 8. 
during session, 129, s. 17. 
return of, 129, 16. 
DRIVING CATTLE in highways, 142 (1) 
(3). 
to pounds, 143, s. 2, p. 148, s. 21. 
DROVES OF CATTLE on bridges, 318, 

ss. 3-6. 
DRUNKARDS, sales to. See Sales of In- 
toxicating Liquors, post. 
DWELLING-PLACE AND HOME, 60-70. 
abandoning, 67, 68, ss. 31, 32, and 

notes, 
actual residence to acquire, 63, s. 15 
and notes, 
constructive to keep, 62, s. 10, s. 
14(2). 
boarding and lodging, 65, s. 21. 
change of purpose, 69, s. 36. 
constructive residence, 62, s. 10, 8. 14 

(2). 
definition of home, 62, s. 14 and 

notes, 
evidence of, in general, 69, s. 34. 
family residence, 64, s. 18. 
for all purposes, 62, s. 13 and notes, 
for education only, 68, s. 33. 
husband and wife, 64, s. 18 and notes, 
idiots and insane, 66, s. 25. 
intention to remain, 64, s. 16. 
military duty, 62, s. 13 and notes, 
minors not emancipated, 65, s. 24. 
mode of living, 64, s. 17. 
parental home, 65, s. 24, p. 67, s. 30. 
place of business, 65, s. 19. 
prisoners in jail, etc., 66, s. 26. 
settlement home, 62, s. 13. 






DOMICIL. 



461 



EXPLOSIVE OILS. 



DWELLING-PLACE AND HOME -con. 

students, 60, s. 33. 
summer and winter, 65, s. 20. 
taxation, place of, 62, s. 13. 
temporal - , absence, and what is, 62, 
s. 10. 
design in returning, 67, s. 29. 
fixed purpose to return, 66, s. 28. 
intention to return, 67, ss. 28-31. 
something to return to, 67, s. 31 

aud notes, 
son returning to vote, 67, s. 30. 
time as evidence, 69, s. 25. 
town-line, living on, 65, s. 21. 
transient persons, 65, s. 22. 
two residences inadmissible, 65, s. 20. 
unemancipated adults. 66, s. 25, p. 

361, s. 12(b). p. 369, s. 2. 
voluntary only, 66, s. 26. 
voting: elsewhere, 68. s. 32. 
DYNAMITE, care of, 394. s. 11. 
EAR-MARKS ON SHEEP, 190, s. 19. 
EASEMENT OF HIGHWAY, 296, s. 32. 
EDUCATION, residence for. 68, s. 33. 
ELECTION LAWS at town-meetings, 72, 
i, - s. 9 (1), p. 77, s. 27. 

penalties lor violation of, 74-77, 
■ 98-101. 

ELECTORS OF PRESIDENT and vice- 
president, 96, c. 17. 
at what time chosen, 96, s. 1. 
canvass of votes, 96, s. 4. 
filling of vacancies, 97, s. 7. 
meeting of electors, 97, s. 6. 
notice of election, 97, s. 5. 
plurality elects, 96, s. 4. 
receipt by secretary, 96, s. 3. 
returns of votes, 96, ss. 2, 3. 
vacancies to be filled, 97, s. 7. 
ELECTRIC LIGHT COMPANIES, 313, 
c. 50. 
altering location, 316, s. 9. 
application for license, 314, s. 3 (1). 
■buildings not to be used without 

consent, 314. s. 2. 
changing location, 316, s. 9. 
damages from erection, and use, 315, 
s. 6. 
proceedings for, 315, s. 6 (1). 
upon appeal to court, 316, 3. 7. 
electric lights, 317, s. 12. 
hearing before license, 315, s. 4 (1). 
highways, use of, 313-15, ss. 1-6. 
license to use highways, 314, s. 3, p. 
316, ss. 8, 9. 
application for, 314, s. 3 (1). 
granting, 314, s. 4. 
hearing to be had, 315, s. 4 (1). 
lines already constructed, 316, ss. 8, 9. 
lines to be kept open, 316, ss. 11, 12. 
negligence, liability for, 316, s. 10. 
notice before license, 315, s. 4 (1). 
obstructing highways forbidden, 314, 

s. 2. 
offices to be kept open, 316. s. 11. 
poles, etc., not to interfere with 

others, 315, s. 5. 
public use declared, 317, s. 13. 

secured, 317, ss. 11, 12. 
reasonable rates, 316, 317, S3. 11, 13. 
revoking license, 315, s. 4. 
trespasses, liability for, 316, s. 10. 
under-ground wires, 316, s. 8. 

20* 



ELIGIBILITY TO CITY OFFICES, 42, 

s. 13. 
to county offices, 89, s. 21. 
EMANCIPATION OF MINORS, 65, s. 24. 
unemancipated adults, 66, s. 25, p. 

361, s. l^tb), p. 369, s. 2. 
ENGINEERS and firemen, 385, ss. 13-15, 

p. 387, ss. 21, 22. See Fire- Wards 

and Firemen, post. 
ENROLMENT OF RESERVES, 20, c. 3. 
ENTICING AWAY MINOR, 334, s. 12. 
ESCAPE, arrest after. 232 (e). 
ESTOPPEL OF TOWNS, 8 (f), p. 33 (b), 

(c), p. 318 (a), p. 361 (4). 
EXAMINATION OF ROUTE, 254, s. 7. 
EXECUTIONS against towns and school 

districts, 17, c. 2. 
assessment of tax for, 17, s. 4. 
copy left with selectmen, etc., 17, S3. 

3, 4. 
discount if agreed upon, 18 (a), 
mandamus to collect, 18, s. 8. 
neglect to assess tax, 18, s. 7. 
non-resident's property, 19, s. 8. 
notice to selectmen, 17, s. 2. 
receiver appointed, 19, s. 8. 
remedy over, 19, s. 10. 
suspension of levy, 19, s. 8. 
upon property of selectmen, 18, ss. 

7,8. 
of inhabitants, 18, s. 8. 
vacancy in office of selectmen, 19, 

s. 8. 
within thirty days of notice, 18, s. 6. 
EXEMPTION from enrolment, 20, 21, 22, 

s. 6. 
from service as juror, 126, s. 3, p. 

128, s. 13. 
from serving in office, 113, s. 32. 
from taxation, 191-193, 194, s. 7, p. 

195, ss. 10, 11. 
c msHtutionalitv of, 195, s. 10 (b). 
EXHIBITIONS AND SHOWS, 407, c. 65. 

See Shows and Exhibitions, post. 
EXPLOSIVE ILLUMINATING OILS, 

395, c. 62. 
appointment of inspectors, 395, s. 1. 
branding as unsafe, 396. s.3. 
buildings for storage, 396, s. 5. 
casks and packages forfeited, 395, s. 

2. 
coal oil, provision for, 396, s. 3. 
complaint for search warrant, 398, 

s. 7(1). 
dealers licensed, 397,3. 6. ' 
exposed public places, 398, 399, s. 8. 
forfeiture of property, 395, s. 2. 
fraudulent inspection, 395, s. 1. 
gaseous temperature, 395, s. 2. 
ignitable temperature, 395, s. 2. 
inspector's appointment, 395, 3. 1. 
inspection required, 399, s. 9. 
licensing dealers, 397, s. 6. 
machinery oil, 399, s. 9. 
naphtha, sale and storage of, 396, S3. 

2-4. 
penalties imposed, 395-399, ss. 1-9. 
petroleum, 395-399, ss. 1-9. 
refined petroleum, 399, s. 9. 
search-warrant, 397, s. 7. 
selling under false name, 396, s. 4. 
storage of oils, 396, s 5. 
streets, etc., explosives in, 398, 399,s. 8. 



EXPLOSIVE OILS. 



462 



FINANCIAL ACCOUNTS. 



EXPLOSIVE ILLUMINATING OILS— 

continued. 

warrant to search and seize, 398, s 7 
(1). 
EXPORTING without inspection, 177, s. 
28. 
without branding, 177, s 29. 
EXTENTS FOR TAXES, 219, c. 40. 
absconding collector, 250, s. 5. 
against collectors, 250, s. 4. 
inhabitants, 250, s. 7. 
selectmen, 249, s. 3. 
towns, 249, s. 2. 
alias extent, 251, s. 11. 
a e executions, 249, s. 1. 
collector's liability upon bond, 250, 

3.4(1). 
concurrent extents, 250, s. 6. 
contribution by inhabitants, 252, s. 

13. 
deed of land sold, 250, s. 9. 
excessive extent illegal, 251, s. 11 

(1). 
executions by extents, 249, s. 1. 
fees and charges, 251, s. 12. 
form of an extent, 251, s. 10. 
by selectmen, 251 (b). 
by town treasurer, 251 (a), 
indemnity to collectors, 252, s. 16. 
inhabitants, liability of, 250, s. 7, p. 

252, s. 13. 
redemption in one year from sale, 

251, s. 9. 
remedy over, 252, ss. 13-17. 
return of an extent, 251, s. 10. 
sales upon extents, 250, ss. 8, 9. 
sheriff to levy, 251, s. 10. 
successive extents, 251, s. 11. 
treasurer issuing an extent, 249, s. 1. 
EXTRACTS FROM RECORDS, 85, s. 3(1). 
FACTORY CHILDREN, 337, ss. 19, 20. 
See Guardianship and Protection 
of Minors, post. 
FALSE ANSWERS, penalties for, 99, s. 8, 
p. 210, ss. 9, 10, p. 211, s. 12. 
cry of fire, 418, s. 5. 
record of meeting, or votes, 80, s. 3, 
p. 98, s. 6. 
FAMILY HOME 64, s. 18. See Dwelling- 
place and Home, ante. 
FAST DRIVING, 420, s. 14. 

upon bridges, 304, ss. 4, 5, and notes. 
FAULT OF PLAINTIFF, if contributory, 

324, s. 20 and notes. 
FENCES AND COMMON FIELDS, 130, 
c. 23. 
adjoining owner to fence, 130, s. 1. 
agreement for division, 130, s. 2. 
form of, 130 (a). 
to be in writing, 130, s. 2. 
to be recorded, 130, s. 2. 
by parol, effect of, 131, (a), (b). 
appointment for disqualification, 131, 

s. 4 (a). 
appraisal of fence, 134, s. 9. 
application for, 134 (a), 
assumpsit, reme 1y by, 134, 8. 10. 
by-laws for fencing, 138, s. 23. 
ceasing to improve, 136, 8. 12. 
common lands, fencing of, 138, ss. 

21-24. 
copy of decision to each party, 136, 
s. 14. 



FENCES AND COMMON FIE LDS-con. 
damages from neglect to fence, 136, 

s. 13. 
decision, conclusiveness of, 137, s. 17. 
demand upon delinquent party, 137 

(b), (c). 
ditch, half on each, 130 (a) 
division by agreement, 130, s. 1. 

by fence-viewers, 131, s. 4, p. 135, 
s. 11 and notes, 
must be upon true line, 137, 
s. 17 (a). 
by parol, 131 (a), (b). 
by prescription, 131, s. 3. 
by twenty years' claim, 131, s. 3. 
of part only, inadmissible, 131 (b). 
double value and costs, 131 (b), p. 136, 

s. 12. 
fence or ditch, half on each, 130 (a), 
fees of fence-viewers, 136, s. 15. 
improved lands, what are, 135, s. 11 

CO- 
legal fence, what is, 133, s. 7. 
majority of board may act, 131, s. 4 

(a). 
monuments erected, 131 (1). 
neglect of official duty, 138, s. 20. 
neglect to repair, 133-5, ss. 7-13. 
notice for hearing, 136, s. 14 and 

notes, 
oath of office, 137, s. 17 (b). 
of impartiality, 137, s. 17. 
by major part, good, 137, s. 17(b). 
occupant is owner, 137, s. 19. 
prescription of twenty years, 131, 

s. 3. 
recording proceedings, 131, s. 4. 

in adjoining town, 137, s. 18 (1), 
p. 138, s. 22. 
renewing bounds, 138, s. 24. 
repairs ordered, 133, s. 8. 

recovery for, 133, ss. 9, 10. 
subsequent improvement, 135, s. 11. 
tax for fencing, 138, ss. 21-24. 
town line, fences on, 137, s. 18. 
twenty years' occupation, 131, s. 3. 
vacancy in board, 131, s. 4 (a). 
waiving objections, 137, s. 17 (a). 
FENCE- VIEWERS, choice of, 109, s. 21. • 
appointed, if not chosen, 109, s. 21, 

p. 131, s. 4 (a), 
fees and remedy for, 136, s. 15. 
hearing before, 119, ss. 5, 6. See 
Fences and Common Fields, ante. 
FERRIES BY TOWNS, 13, s. 14. 
taxation of, 192, s. 3. 
travel to, 298, s. 8. 
FIGHTING BIRDS or animals, 407, s. 1 

(1). 
FILING CHECK-LIST with town-clerk, 

71, s. 3(1). 
FILING PAPERS by town-clerk, 105, s. 7. 
FINANCIAL ACCOUNTS of towns, 107, 
108. 
annual reports of selectmen and 
treasurer, 108, s. 19. 
as of first day of March, 108, s. 19. 
delivered to town auditors, 108, s. 

19. 
filed in town-clerk's office, 108, >. 

19. 
read at next annual meeting, 108, 
s. 19. 






FINANCIAL ACCOUNTS. 



463 FIREWARDS AND FIREMEN. 



FINANCIAL ACCOU NTS -continued. 

bonds to be given by treasurer, 107, 

s. 12, p. 108, s. 17. 
collector to pav monthly to treasurer, 
108, s. 15. 
submit bis tax-book and list to 

bini, 108, s. 15. 
take receipts for the money, 108, 
s. 15. 
financial year, term of, 10S, s. 19. 
monthly reports by treasurer, 109, s. 

19(1). 
notes, how given and entered, 107, ss. 

13, 14. 
penalties for violation of the law, 109, 

s. 20. 
selectmen to pay over to treasurer, 
108, s. 17. 
take a receipt therefrom, 108, ss. 

17, 13. 
give orders upon him, 108, s. 16. 
keep account of all money re- 
ceived aud orders given, 108, s. 
18. 
report to town officers, with 
vouchers, 103, s. 19. 
separate accounts of selectmen and 

treasurer, 10S, s. 19. 
town notes, how signed and counter- 
signed, 107, s. 13. 
to be entered by treasurer in 
note-book, 107, s. 14. 
treasurer to give bond within six 
days, 107, s. 12. 
covering all money received, 108, 

s. 17. 
to countersign all notes, 107, s. 

13. 
to give receipt for money, 108, 

ss. 16, 17. 
to keep separate accounts, 108, s. 

18. 
to pay only on orders of select- 
men, 108, s. 17. 
to record town notes, 107, s. 14. 
to report with vouchers to audi 

tors, 108, s. 19. 
when, or in what towns monthly, 
109, s. 19 (1). 
vouchers of collector, selectmen, and 

treasurer, 108, ss. 15-19. 
yearly report of selectmen to be in 
detail, 108, s. 19. 
and include all debts and liabili- 
ties outstanding, 1^9, s. 19. 
FINDERS OF LOST GOODS, 138, c. 24. 

See Strays and Lost Goods, post. 
FINES FOR NEGLECTING HIGH- 
WAYS, 297. c. 46. 

accounts of expenditures by agents, 

298, s. 7. 
additional fines, 298, s. 7. 
agents to expend the money, 298, ss. 

5-8. 
altering existing highways, 297, s. 1. 
amount of fine imposed, 297, a. 3. 
compensation of agents, 298, s. 7. 
costs to the county, 297, s. 3, p. 298, 

s. 5. 
dangerous causeway, 297, s. 1. 
embankment, 297, s. 1. 
railing, 297, s. 1. 
execution against town, 298, s. 5. 



FINES FOR NEGLECTING HIGH- 
WAYS— continued. 

ferries, roads to, 298, s. 8. 

further fines, 298, s. 6. 

grading hills, 297, s. 1. 

highways, what are such, 298, s. 8. 

incidental charges, 297, s. 3. 

indictment or information, 297, s. 

2. 
new highways, 297, s. 1. 
railing if insecure, 297, s. 2. 
service of the process, 297, s. 2. 
suitable for public travel, 297, s. 1. 
summons to towns, 297, s. 2. 
toll-bridges, ro ids to, 298, s. 8. 
twenty shears' user, 298, s. 8. 
witness fees, allowance of," 297, s. 4. 
amount of, 297, s. 4 (1). 
FIRE APPARATUS, 9, s. 4 (2), p. 381, c. 

60. 
FIRES, by-laws to prevent, 10, s. 7, p. 381, 

c. 60. 
FIRE-CRACKERS, 417, c. 68. See Of- 
fences against Police of Towns, 
p~>st. 
FIRING GUNS and pistols, 417, c. 68. See 
Offences against Police of Towns, 
post. 
FIREMEN", injuries by, 321, s. 9 (c). 
FIRES, regulations for, 10, s. 6(1), s. 7 (1), 

p. 381, c. 60. 
FIREWARDS AND FIREMEN, 381, c. 60. 
annual report of fireward, 384, s. 11. 
apparatus for extinguishing fires, 
386-8, ss. 16-23. 
care of, 384, s. 11. 
appraisal of damage to building, 
382, 383, ss. 7, 8. 
application for, 382, s. 7 (a), 
assessment of tax, 383, s. 7 (d). 
form of appraisal, 383, s. 7 (c). 
notice to applicant, 383, s. 7 (b). 
petition to court, 383, s. 8. 
who entitled to damages, 383, (d), 
(e). 
assessment of tax, 331, s. 7 (d). 
as 3 is'auce at fires commanded, 381, 

ss 2, 3. 
assistant engineer, 387, s. 21. 
attendance of witnesses, 388, s. 22. 
authority of firewards, 381, ss. 1-3. 
to appoint guards, 381, s. 3. 
to command assistance, 381, s. 3. 
to control engines and persons, 

381, ss. 2, 3. 
to suppress tumult, 381, s. 3. 
badges of office, 381, 382, ss. 1, 3, 5. 
unlawfully assumed, 382, s. 5. 
board of firewards, organization of, 

381, s. 1. 

majority may organize, 381, ss. 

1, 2. 
record of organization, 381, s. 1 

buckets and ladders, 386, ss. 16-18. 
buildings blown up and removed, 

382, s. 6. 

appraisal of damage, 382, s. 7. 
by order of one, 382, s. 6 (1). 
cause of fire to be inquired into, 388, 

s. 22. 
certificate of posting regulations, 384, 

s. 9 (c). 



FIREWARDS AND FIREMEN. 464 FURNISHING RELIEF, ETC. 



FIREWARDS AND FIREMEN— con. 

chief engineer, appointment of, 387, 

s. 21. 
chief fireward, authority of, 381, s. 

1, p. 382,s.4, p. 3S4, s. 11. 
choice of firewards, 107, s. 10. 
cisterns to be supplied, 384, s. 11. 
clerk of firewards, 381, s. 1. 
dangerous buildings to be repaired, 
387, s. 19. 
fires extinguished, 384, s. 10. 
engineers, appointment of, 387, s. 21. 
existing statutes continued, 388, s. 

24. 
fire apparatus, how procured, 386, ss. 

16-23. 
firemen, appointment of, 385, 386, 
ss. 13, 14, and notes, 
to be organized into companies, 
385, s. 14. 
guards over property, 381, a. 3. 
hook and ladder carriages, 385, s. 13. 
inquest of cause of fire, 388, s. 22. 
notice for appraisal, 383, s. 7 (b). 

to repair buildings, 387, ss. 19, 
20. 
ladders ordered, 386, 387, ss. 16, 17. 
list of firemen, 386, s. 15 and notes, 
local option, 388, s. 23. 
obedience commanded, 381, 382, ss. 
2,5. 
penalty for refusal, 382, s. 5. 
outer doors to open outward, 388, 

389, ss. 26, 27. 
owner of building, who is, 383, s. 7 

(e). 
petition to court for appraisal, 383, 
s.8. 
form of, 383, s. 8 (a), 
property protected at fires, 3S1, s. 3. 
refusing obedience, penalty, 382, s. 5. 
regulations for prevention of fires, 
383, s 9. 
certificate of posting, 384, s. 9 

(c). 
form of, 384,s. 9(a). 
penalties for breach, 384, s. 9. 
recording, 384, s. 9 (b). 
reservoirs, land for, 388, s. 25. 
selectmen as firewards, 381, s. 1 (1). 
senior fireward, 382, s. 4, p. 384, s. 11. 
spreading of fires prevented, 381, s. 3. 
statute, when in force, 388, s. 23 
existing statutes continued, 388, s. 24. 
suction engines, 385, s. 13. 
suits by fire companies, 386, s. 14(a). 
tax assessment for losses, 383, s. 7 

(d), s. 8. 
tenant recovering for ladders, 387, s. 

18. 
towns adopting the statute, 388, s. 23. 
providing fire apparatus, 388, s. 
23. 
warrant to firemen, 385, s. 13 (b). 
FISHING WARDENS, 191, ss. 22, 23. 

vessels, 194, vi, p. 195, s. 10 (a), p. 199, 
s. 11. 
FLOATING TIMBER, 156, c. 26. 
advertising, 158, s. 6. 
agent for service upon, 156, s. 1(1), 

p. 157, s. 2. 
appeal to supreme court, 158, ss. 4, 5. 
entry of, and notice, 158, s. 5. 



FLOATING TIMBER- continued. 

assessment of damages, 157, s. 3 and 

notes, 
bond for release of timber, 156, s. 1. 
by a non-resident, 157, s. 2. 
form of condition, 156, s. 1 (1). 
case for damages, 159, s. 8. 
det lining for indemnity, 156, ss. 1, 2. 

fraudulent is stealing, 159, s. 12. 
forfeiture of timber, 159, ss. 7, 8. 
fraudulently detaining, 159, s. 12. 
improved lands, lodging upon, 156-9, 

ss. 1-8. 
justices, application to, 156, s. 1, p. 

157 (2). 
limitation for recovering timber, 158, 
s. 7. 
for bringing suit, 159, s. 10. 
notice of appeal, 158, s. 5. 

entry of with clerk, 158, s. 5 (1). 
paying damages and expenses, 159, 

ss. 7, 8. 
selectmen, application to, 156, s. 1. 
form of application, 156 (1), p. 

157(a), (b). 
if disqualified to act, 157, s. 3 (2). 
seven months' limitation, 158, s. 7. 
stealing timber, what is, 159, s. 12. 
stopping drives, 159, ss. 11, 12. 
FORTUNE TELLERS, 420, s. 17. See 
Offences against Police of Towns, 
post. 
FOURFOLDING, 208, S. 5, p. 211, s. 14. 
FOURTH OF JULY, money for, 13, s. 16, 

s. 16 (1). 
FRAUDULENT ACCOUNT of property, 
208, s. 5, p. 211, s. 14. 
counting of votes, 99, s. 9. 
deposits or transfers, 212, s. 17. 
detention of logs, 159, ss. 11, 12. 
membership of legislature, 93, ss. 7, 

8. 
perambulation of town lines, 33, s. 7 

(d). 
record of town-meeting, 80, s. 3. 
FRUIT MEASURES, 182, s. 16. 
FRUIT, protection of, 418, s. 3, p. 451, xiv. 
FUNDING DEBT, 12, s. 12. 
FURNISHING RELIEF TO PAUPERS, 
363, c. 57. 
admission by furnishing aid, 364, s. 1 

(e). 
aiding to return home, 366, ss. 11-13. 
binding out to labor, 366, ss. 11-13. 
form of application, 367, s. 11 (1). 
notice to county, 368, s. 13. 

to town of settlement, 367, a. 
12. 
relatives, liability of, 367, s. 12. 
remedy over for supplies, 367, 

368, ss. 12, 13. 
taking charge of applicant, 367, 

12. 
where no settlement, 368, s. 13. 
applying for relief, 364, s. 2 (a). 

when not to be waited for, 364, s. 
2 (a), 
bastardy process, 363, s. 1 (b). 
binding out to labor, 365, s. 8 (a), p. 

366, s. 9 and notes, 
bodies for dissection, 366, s. 10 (1). 
bond by creditor to jailer, 363, s. 1 (b). 
burial of paupers, 366, s. 10. 



RELIEF TO PAUPERS. 



465 



GOLD BONDS. 



FURNISHING RELIEF TO PAUPERS 
-continued. 

criminal process, confinement on, 

363, s. 1(b). 
father's liability, 364, s. 2 (1). 

objecting to supplies, 364, s. 2 
(a), 
home, aid to return to, 366, 367, ss. 

11-13. 
husband and wife, 363, s. 1 (c), p. 364, 

s.2(l). 
idle paupers, bound out, 365, s. 8, p. 

366, 367, ss 11-13. 
indictment for neglect, 364, s. 5. 
j dl prisoners, 363, s. 1 (b). 
jury, province of, 363, s. 1 (d). 
labor of paupers, 365, s. 8 (a), p. 366, 

367, ss. 11-13. 

legacy to non compos and pauper, 365, 

s. 8 (b). 
mandamus for r lief, 364, s. 5. 
minor children, when paupers, 364, 

8.2(1). 
mode of relief, 364, s. 2 (b). 
notice of application for relief, 367, 

363, ss. 12, 13. 

nurse, supplies to, 363, s. 1 (c). 
one overseer no authority, 364, s. 3. 
parents, liability of, 364, s. 2 (1), pp. 

366, 367, ss. 11-13. 
pauper, who is, 363, s. 1 (a). 

having property, 363, s. 1 (a). 

purchases from, 365, s. 8(c). 

spirituous liquor to, 365, s. 8 (d). 
police officer, applied to, 366, s. 11. 
poor-farm, purchase of, 364, ss. 6. 7. 

officers and regulations, 365, s 7. 
prisoners in jail, 363, s. 1 (b). 
purchases from paupers, 365, s. 8 (c). 
relief, by whom furnished, 364, s. 2. 

in what way, 364, s. 2 (b). 

not by one overseer, 364, s. 3. 

nor third persons, 364, s. 4. 

to what persons, 363, s. 1 and 
notes, 
selectmen's authority, 363, s. 1 (e), p. 

364, ss. 2, 3, p. 366, ss. 11-13. 
spirituous liquor to paupers, 365, s. 

8 (d) . 
third person furnishing, 364, s. 4. 
trespass, commitment for, 363, s. 1 

(b). 
unincorporated places, 365, s. 7. 
Union soldiers and sailors not to be 
sent to poor-house, 368, s. 14. 
nor their families, 368, s. 14. 
reimbursement, 368, s. 15. 
GAMBLING, 418, s. 4, p. 448, iii. 
GARDEN'S to be protected, 418, 9. 3, p. 

451. xiv. 
GAS COMPANIES, 305, 306, ss. 12-16. 
GATE, license to erect, 302, s. 13. 
appeal from, 303, s. 14. 
form of. 302, s. 13 (1). 
GATES OR BARS, 256, ss. 12-14. 

form of proceedings for, 267, 268, s. 

37. 
in discretion of selectmen, 256, s. 12 

(1). 
petition to remove, 268, s. 38. 
removal ordered, 268, s. 38 (b). 

appeal from order, 256, s. 13 (1). 
assessment of damages, 256, s. 13. 



GATES OR BARS— continued. r • 

roads subject to, are public roads, 

256, s. 13 (2^. 
when inadmissible, 256, ss. 12, 13. 
GENDER AND NUMBER, 1, s. 3. 
GENERAL ELECTION PENALTIES, 
98, c, 18. 
assault on ballot-box or officers, 100, 

s. 11. 
bribes or threats, 100. s. 12. 
bribery act, penalties, 74-77. 
constables subject to order of the 
moderator, 74, ss. 16, 18, p. 101, s. 16. 
correcting returns, 98, ss. 3, 4. 
corrupt supervisors, 99, s. 10. 
selectmen, 99, s. 9. 
town-clerks, 98, s. 5. 
disturbing meetings, 100, s. 11, p. 101, 

ss. 15, 16. 
double voting. 99, s. 8. 
embezzling votes, 99, s. 9. 
false answer or name, 99. s. 8. 
record of meeting, 98, ss. 4-6. 
swearing, 76, s. 22, p. 99, s. 8. 
fraud in receiving and counting, 99, 
s. 9. 
in making up record, 98, ss. 4-6. 
in supervising list of voters, 99, 
s 10. 
giving liquor to voters, 99, s. 7. 
or other reward, 100, s. 12. 
hiring crruptly, 99, s. 7, p. 100, 8. 12. 
minor offering vote, 99, s. 8. 
moderator misconducting, 73, s. 14, 
p. 99, s. 9. 
neglecting to poll the house, 73, 

s. 14. 
to preserve order, 73, s. 15, p. 74, 
s. 16, p. 101, s. 15. 
moiety of fine to prosecutor, 100, s. 

13. 
neglect of supervisors, 99, s. 10. 
neglect to return votes to secretary, 
98, s. 1. 
to be certified to solicitor, 98, s. 2. 
order of debate regulated, 101, s. 15. 
penalty if no other, 100, s. 14. 
prosecution within one year, 98, s. 3. 
secretary, return of votes to, 98, s. 1. 

to notify solicitor, 93, s. 2. 
solicitor to prosecute for default, 98, 
s. 2. 
within one year, 98, s. 3. 
supervisors, misconduct of, 99, ss. 9, 

10. 
town-clerk making false record, 98, 
S. 6. 
incorrect record or return, 98, s. 

4. 
insufficient record or return, 98, 

s. 4. 
neglecting to return votes, 98, ss. 

1,2. 
to correct record at his own ex- 
pense, 98, ss. 4, 5. 
threats or intimidation, 100, s. 12. 
treating voters, 99, s. 7, p. 100, s. 12. 
unnaturalized aliens, 99, s. 8. 
voter, misconduct of, 99, s. 8. 

refusing bribery oath, 75, s. 21. 
voting if bv proxy, penalty, 99, 9. 9. 
GIANT POWDEK, 394, s. 11. 
GOLD payment of town debt, 12, 8. 12. 



GOVERNOR. 



466 



GUARDIANSHIP. 



GOVERNOR, choice of, 83, c 14. 

may order enrolment, 24, 3. 15. See 
also State and County Officers, 
post. 
GRAIN MEASURES, 178, c. 30. See 

Weights and Measures, post. 
GRANTOR AND GRANTEE, 3, s. 15 
GUARDIANS OF INSANE AND SPEND- 
THRIFTS, 348, c. 55. 
asylum for insane, 352-354. ss. 10-19. 
committing to, 352-354, ss. 10-19. 
discharging from, 355, s. 20. 
inspection of, 355, s. 22. 
support at, 353, ss. 13, 14, p. 355, 
ss. 18, 19. 
certificate of physicians, 353, s. 12 (1), 
p. 354, s. 16 and notes. 

of selectmen to physician's re- 
spectability, 354, s. 16 (2). 
of selectmen for purchase of 
homestead, 352, s. 9. 
choice of guardian, 349, s. 2 (1). 
committing to asylum, 852-354, ss. 
10-19. 
by judge of probate, 352, s. 10. 
by overseers of the poor, 353, s. 

12. 
by parent, guardian, or friend, 

354, ss. 15, 17. 

by selectmen, 352, s. 10 (a). 
Concord, exemption, 354, s. 15. 
county, liability of, 353-355, ss. 12,13, 

17, 18. 
county paupers, committed, 352-355, 

ss. 12-19. 
criminal*, support of, 353, s. 14. 
dangerously insane, 352, s. 10 and 

notes, 
decree of insanity, 349, s. 2. 
discharging from asylum, 355, s. 20. 
guai'dians of insane, 348, s. 1 and 
notes, 
of spendthrifts, 349, 350, ss. 3, 4, 
and notes, 
guardians to give notice, 350, s. 5. 

other duties of, 350, s. 5 (a). 
homestead, purchase of, 351, ss. 8, 

9. 
husband, guardianship, 349, s. 2 (1). 
insane persons, guardianship of, 348, 
s. 1 and notes. 
in jail, 352, s. 11. 
paupers, 353-355, ss. 12-19. 
inquisition of insanity, 349, ss. 1, 2, 

and notes, 
insanity, what deemed such, 349, s. 

1(d). 
judge of probate, commitment by, 
352, s. 10. 
petition for, 352, 353, ss. 10-13 
and notes, 
letters of insane patients, 355, ss. 

20-22. 
necessaries, contract for, 351, s. 6(1), 

s. 7(1). 
notice of guardianship, 350, 351, ss. 
5, 6, 7. 
by superintendent of asylum, 

355, s. 18, 

for inquisition, 349, s. 1 (b). 
order for commitment, 353, s. 13 (c). 
sales after copy left, 351, s. 7. 
selection of guardian, 349, s. 2 (1). 



GUARDIANS OF INSANE AND SPEND- 
T H RIFTS— continued. 

selectmen certifying for homestead, 
351, ss 8, 9. 
to physician's respectability, 354, 
s. 16 and notes, 
selectmen committing insane, 353, s. 
10 (a), (b). 
making complaint, 350, s. 4 and 
notes, 
spendthrifts, guardianship of, 359, ss. 
3, 4, and notes, 
homesteads for, 351, ss. 8, 9. 
state support, 353, s. 14. 
stationery for inmates, 355, s. 21. 
superintendent notifying county, 355, 

s. 18. 
supreme court ordering commit- 
ment, 353-355, ss. 11-19. 
discharging from, 355, s. 20. 
towns, liability of, 352-355, ss. 12-19. 
trustees of asylum, duties of, 354, s. 

15, p. 355, s. 22. 
vacation, orders in, 353, s. 13 and 

notes, 
void contracts of spendthrifts, 351, 
ss. 6,7. 
GUARDIANSHIP AND PROTECTION 
' OF MINORS, 329, c. 53. 
abandonment of child under ten, 336, 

s.16. 
apprehending runaway, S34, s. 11. 
apprenticeship a personal trust, 331, 
s. 6(a). 
limited to state, 331, s. 6 (a), 
approbation of overseers to binding, 

330, s. 1. 

binding out, by whom, 329, s. 1, p. 
334, s. 14. 
form of, 330, s. 3 (a), p. 335, s. 15 

(b). 
must be in duplicate, 335, s. 15 (a), 
children under fifteen not more than 

ten hours, 337, s. 19. 
children under fourteen, exhibition 
of, 335, s. 21, p. 338, s. 21. 
exclusion from saloons. 338, s. 22. 
See also Humane Society, 336, 
ss. 17-18. 
children under ten, if abandoned, 
336, ss. 16, 17. 
not to be in factories, 337, s. 20. 
cigarettes to minors, 338, s. 23. 
clerk of town to keep indentures, 

331, s. 4. 

complaint for bad usage, 331, s. 7. 

by Humane Society, 337, s. 18 (1). 

by overseers and selectmen, 331, 
s.7(l). 
consent of minor, if over fourteen, 

330, s. 2. 

of others, if unler fourteen, 329, 
s. 1. 
covenants, breaches of, by master, 

331, s. 7. 

selectmen cannot release, 335, s. 

14 (a). 
when independent of each other, 
333,s.9 (a). 
criminal minor boys, 421, ss. 19, 20. 
damages for breaches, 333, s. 8 (2). 
decease of master, effect of, 331, s. 6 
and notes. 



GUARDIANSHIP. 



467 



HEALTH OFFICERS. 



GUARDIANSHIP AND PROTECTION 
OF MINORS— continued. 

discharging minor, 332, s. 8. 
duplicate indenture, 335, s. 15 (a), 
enticing away apprentice, 334, s. 12. 
execution for damages and costs, 333, 

s. 8(1), (2). 
factory children, 337, ss. 19, 20. 
females, uutil eighteen, or marriage, 

330, s. 2. 
going out of the state, 331, s. 6 (a). 
guardian assenting to biudiug out, 

330, s. 1. 
harboring runaway, 334, s. 11. 
homicide of minor, losses from, 336, 

s. 16(1). 
house of correction for parental neg- 
lect, 336, s. 16. 
Humane Society, custody to, 337, s 18. 

guardianship by, 336, s. 17. 
imprisonment for parental neglect, 

336, s. 16. 
incapacity to serve, discharge from, 

333, s. 9 (a). 
indentures, requisites of, for bind- 
ing, 329, 330, ss. 2, 3 and notes, 
to be kept by town-clerk, 331, s. 
4. 
indentures for binding, 330, ss. 2, 3, 
and notes, 
effect of imperfect, 331, s. 5 (a), 
to be kept by town-clerk, 331, s. 4. 
to show consent of minor, 330, 
s. 2. 
loco parentis, rights of, 336, s. 16 (1). 
master, rights of, 330, 331, ss. 4-9. 
misconduct of, 333, ss. 9-11. 
personal violence to, 332, s. 10. 
running away from, 334, s. 11. 
minor son of insane pauper, 335, s. 

14(c). 
misconduct of apprentice, 333, 334, 

88. 9-11. 

of master, 331, 332, s. 7 and notes. 

neglect to teach apprentice, 334, s. 13. 

of parents to provide for children, 

336, s. 16. 

notice of complaint and hearing, 331, 

s. 7 and notes, 
overseers binding out or setting to 
work, 334, s. 14. 
act as public officers, 335, s. 14 (a), 
admissions by them do not affect 

towns, 335, s. 14 (a). 
cannot bind towns, 335, s. 14 (a). 
cannot discharge covenants, 335, 

s. 14 (a), 
contract of, must be in writing, 

335, s. 15. 
from another state, no authority 

here, 335, 6. 14 i b). 
must conform to the statute, 

335, s. 14 (2). 
pauperism of insane parent, 

effect of, 335, s. 14 (c). 
requisites to binding out, 334, s. 

14 (1). 
lights of master against guar- 
dian, 335, s. 14 (d). 
parental neglect, 336, s. 16. 
parents consenting to indenture, 330, 

8.2. 

if insane, 335, 8. 14(c). 



GUARDIANSHIP AND PROTECTION 
OF MINORS— continued. 

police court, complaint to, 337, s. 18. 
record of discharge of minor, 332, s. 8. 
runaway apprentice, 334, s. 11. 
tobacco'to minors, 336, s. 23. 
usage to be inquired into, 331, s. 7 

and notes, 
voluntary supplies when no remedy, 

336, s. 16 (1). 
saloons, exclusion of minors from, 

338, s. 22. 
selectmen approving binding out, 
b30, s. 1. 
complaints by, 331, s. 7 and notes, 
duty of protection, 331, s. 7, p. 
336, s. 16 (1). 
showing and exhibiting children, 

338, s. 21. 
sickness as cause of release, 333, s. 

9(a). 
signing indentures, 330, s. 2. 
Society for Prevention of Cruelty, 

336, 337. 
stealing master's goods, 333, s. 9 (a), 
suit for voluntary supplies, 336, s. 
16(1). 
GUIDE-BOARDS, 303, ss. 1-3. 
GUNPOWDER AND NITRO-GLYCER- 
INE, 392, c. 62. 

board of firewards to regulate, 392, 

s. 1(1). 
buildings searched, 392, s. 2. 
carriages with powder, 393, s. 6. 
dynamite contraband, 394, s. 11. 
firewards, duties of, 392, ss. 1-3, p. 394, 

ss. 8, 10. 
giant powder contraband, 394, s. 11. 
keeping or storing, 392, s. 3. 
loaded carriages, 393, s. 6. 
magazine fur powder, 394, s. 9. 
masters of vessels, 394, s. 9. 
mode of keeping, 393, ss. 5, 6. 

of transportation, 393, ss. 5, 6. 
neglect to give notice, 393, s. 3. 
night-time, sales in, 393, s. 7. 
nitro-glycerine, contraband, 394, s. 11. 
one hundred pounds limit, 393, s. 5. 
peddling powder, 393, s. 7. 
penalties, for what imposed, 393, 394, 
ss. 3-6. 
how expended, 394, s. 10. 
how recovered, 394, s. 10. 
police officers may search, 392, s. 2. 
public magazine deposits, 394, s. 9. 
regulations for keeping, 392, s. 1. 
searches for pow T der, 392, s. 2. 
seizure of powder, 393, s. 8. 
selectmen to regulate, 392, s. 1. 
to recover penalties, 394, s. 10. 
to seize, 393, s. 8. 
transportation of powder, 393, s. 5. 
twenty pounds limit, 392, ss. 2, 3. 
vessels may be searched, 392, s. 2. 
master of, to deposit in maga- 
zine, 394, s. 9. 
HACKS, regulations for, 425, s. 6, p. 449, 

vi. 
HAY, inspection of, 170, c. 29. See In- 
spectors and Surveyors, post. 
HEALTH OFFICERS, choice of, 107, s. 10, 
p. 409, s. 1(1). 
appointment of, on petition, 409, s. 1 



HEALTH OFFICERS. 



468 HIGHWAYS LAID OUT, ETC. 



HEALTH OFFICERS-cor, tinned. 

(1). See Nuisinces Injurious to 
Health, and Pestilential Diseases, 
post. 
HEAPED MEASURES, 182, ss. 16, 17. 

See Weights and Measures, post. 
HEARINGS BEFORE SUPERVISORS, 
56, ss. 4, 5. See Supervisors of 
Check-lists, post. 
HEARINGS BEFORE TOWN OFFI- 
CERS, 118, c. 21. 

adjournments, 119, s. 4. 
affidavit of service, 122 (c). 
appeal from decision, 119, s. 6. 

if none binding five years, 119, s. 
6 
appearance when a waiver, 120 (b). 
appointing substitutes, 120, s. 8. 

eligibility for, 120, s. 8. 
attesting copies of notice, 121, s. 9 (1), 

p. 123 (2). 
committees, hearing before, 119, s. 5. 
date of recording to appear, 119 (3). 
decision to be in writing, 119, s.4. 
binding five years, 119, s. 6. 
form of, 124, s. 13. 
disqualification to act, 120, s. 7 and 
notes, 
appointment of substitute, 120, s. 

8, p. 121 (b), (c). 
petition for, 121, s. 8 (a). 
wh'at is disqualification, 120 (1). 
when waived, 120 (b). 
fence- viewers, hearings before, 119, 

s. 5, p. 120, ss. 7, 8. 
filing with clerk, 119, s. 4. 
final order of board, 119, s. 4, p. 124, 

s. 13. 
five years' limitation, 119, s. 6. 
guardians, appointment of, 118, s. 2. 

notice to, 118, s. 2. 
highway hearings, 118, s. 1. 
judge of probate appointing guar- 
dian, 118, s. 2. 
justice of supreme court, petition to, 

120, s. 8. 
minors, petitions affecting, 118, s. 2. 
notice for hearing, 118, ss. 2, 3. 

length of notice, 118, ss. 2, 3, p. 

119, s. 5. 
order for and return, 121, s. 9. 
school-districts, 123, s. 12. 
to persons under disability, 118, 

s. 2. 
upon several, 122, s. 10. 
when public concerned, 122, s. 11. 
order of notice, forms of, 121-124. 
by posting, 118, s. 3, p. 123, ss. 11, 
12. 
posting notice, 118, s. 3, p. 123, ss. 11, 

12. 
public and p; ivate interests, 118, s. 

3, p. 122, s. 11. 
record of proceedings in town rec- 
ords, 119, s. 4. 
of no force till done, 119, s. 4. 
rehearing, refusal of, 119, s. 4 (1). 
school-committee, hearings before, 

119, s. 5. 
school-district hearing, 118, s. 1, p. 

119, s. 5. 
school house lots, 118, s. 1, p. 119, s.5. 
selectmen, hearings before, 118, s. 1. 



HEARINGS— continued. 

if disqualified, 120, ss. 7, 8. 
if others disqualified, 120, ss. 7, 8. 
notice by, to court, 120, s. 8. 
service of notice, 118, ss. 2, 3, p. 121, 
s. 9 and notes, 
affidavit of, 122, s. 9 (c). 
substitution for those disqualified, 

120, ss 7, 8, and notes. 
supreme court justice, application to, 

120, s. 8. 
town interests, cases affecting, 118, 

ss. 1,3, p. 122, s. 11. 
waiver of objections, 120 (a), (b). 
to disqualification, 38 (b), p. 15 

(b). 
to non-swearing, 120 (b). 
to want of notice, 119, s. 4 (2). 
HIGHWAY CROSSINGS, 307, c. 49. See 

Railroad Crossings, 2wst. 
HIGHWAYS, discontinuance of, 279, c. 
44. See Discontinuing Highways, 
459 ante. 
HIGHWAYS, INCUMBRANCES IN, 298, 
c. 47, p. 303, c. 48, p. 313, c. 50. See 
Electric Light Companies (p. 461), 
Removing Incumbrances in High- 
ways, post, Special Provisions, etc., 
post. 
HIGHWAYS, injuries upon, 317, c. 51. 
See Special Damage to Travellers, 
post. 
HIGHWAYS IN UNINCORPORATED 

PLACES, 14, s. 19. 
HIGHWAYS LAID OUT BY COMMIS- 
SIONERS, 270, c. 42. 

acceptance of report, hearing upon, 

276, s. 22. 
alterations, but not those prayed for, 
270, s. 1 (1). 

estimated expense, 274, s. 16. 
appointee to be sworn, 273, ss. 12, 13. 
appointment to fill vacancy, 272, s. 7, 

p. 278, ss. 11-13. 
apportionment to towns, 274, ss. 19-23. 
bounding upon rivers, 276, s. 24. 
certificate of appointment and oath, 
273, s. 13. 
to town -clerk for damages or 
cost, 274, ss. 16, 17. 
chairman to issue notices, 273, s. 10. 
change of circumstances, 270, s. 1 (1). 
commissioner's fees, 276, s. 25. 
commissioner if disqualified, 272, s. 7. 

if unable to attend, 273, s. 11. 
contributions by other towns, 274, ss. 

19, 20. 
hearing upon, 275, ss. 21, 22. 
notice of application, 275, s. 20. 
order for contribution, 276, s. 21 (1). 
vicinity defined, 275, s. 19 (1). 
damage, assessment, 274, s. 17. 
certificate to town-clerk, 274, s. 17. 
fourteen days before court, 274, s. 17. 
neglecting to award, 273, s. 8 (a). 
release removes objection, 273, s. 8 

(a). 
separate for each town, 274, ss. 16, 

17. 
description of road laid, 274, s. 16. 
discontinuance within tw© years, 270, 

s. 1. 
disqualification to sit, 272, s. 7. 






HIGHWAYS LAID OUT, ETC. 



469 



HIGHWAYS LAID OUT, ETC. 



HIGHWAY'S LAID OUT BY COMMIS- 
SIONERS— continued. 

estimated expense of road, 274, s. 16. 
in each town separately, 274, ss. 
16, 17. 
examination of route, 273, s. 14. 
expiration of commissioner's term, 

273, s. 9. 
filing petition with clerk of court, 

270, s. 1. 
grade, he prescribed, 274, s. 18. 
but not material, 274, s. 18 (1). 
nor mode of construction, 274, s. 
18(1). 
hearing appointed, 273, 274, ss. 14, 15. 
joint board, reference, 272, s. 6. 

return in each county, 272, s. 6 
(1). 
jurisdiction, averment, 271, s. 2 (3). 
land-owners' names certified, 274, s. 

15. 
neglect of selectmen to lay road, 
270, s. 1. 
to return laying out, 270, s. 1 (1). 
notice of application for contribution, 
275, s. 20. 
of commissioners' to be returned, 

274, s. 15. 
of petition to court, 271, s. 3. 
to be by chairman of board, 273, 
s.10. 
order upon petition to court, 271, 272, 
ss. 3-6. 
if land not in any town, 272, s. 4. 
if owcer out of the state, 272, s. 4. 
if owner unknown, 272, s. 4. 
passing over land not in any town, 
270, 271. ss. 1,4. 
over land in two or more towns, 
270, 271, ss. 1, 4. 
petitioners need not be same, 271, s. 

2(1). 
petition for contribution, form of, 
275 (a). 
to court, 271, ss. 1, 2. 
when returnable, 271, s. 3 (1). 
reference to commissioners, 272, s. 5. 
to joint board, 272, s. 6. 
when a waiver of objections, 272, 
s. 5 (1). 
release of damages, 273, s. 8 (1). 
report, acceptance of, 272, s. 8. 

when to be recommitted, 272, s. 8. 
report to court of proceedings, 273, 
s. 14. 
what to contain, 274, ss. 15-18. 
return day of petitions, 271, s. 3 (1). 
rivers, towns bordering upon, 276, s. 

24. 
separate assessments for towns, 274, 
ss. 16,17. 
petitions for separate roads, 271, 
s. 2 (3). 
setting aside reports, 272, s. 8. 

because of neglect to award dam- 
ages, 273 (a). 
because public have no access, 
273, s. 8 (1). 
unfinished business, 273, s. 9. 
waiver of objections to petition, 272, 
8.5 (1), p. 272, s. 7(1). 
to preliminary proceedings, 272, 

3.7(1). 

21 



HIGHWAYS LAID OUT BY SELECT- 
MEN, 253, c. 41. 
adjoining towns, 259, ss. 18-21. 

onConnecticutriver,259,ss.21,22. 
amending petition after appeal, 263, 

s. 29(1). 
appeal from selectmen to court, 260, 
s. 23. 
bond to be given, 261, ss. 23, 24. 
from joint board, 259, ss. 19, 20. 
one year after road made, 260, s. 

23. 
petitions for, 269, s. 41 and notes, 
sixty days after notice of laying 
out from laying out, 261, s. 
23 (1).- 
what errors cured by, 261 (b). 
appearance, waiver of notice, 262, s. 
25 (1). 
for town by counsel, 262, s. 23(1). 
appointment to fill board, 253, s. 1 (e). 
apportionment of costs of laying out, 

259, ss. 20-22. 
attesting copies, 261, s. 25 (1), p. 264, 

s. 34 (1). 
bond upon appeal from selectmen, 

261, ss. 23, 24. 
boundaries in petition and laving 

out, 263, 264 (a). 
bridges over Connecticut, 260, ss. 21, 
22. 
with upper and lower road beds, 
256, s. 12 (1). 
centre line, statement of, 267 (3). 
certificate of notice, 264 (b), p. 265 (c) . 
certiorari by land-owner, 259 (f). 
commissioners' authority on appeal, 

261, s. 24 (b). 
constitutionality of private roads, 

253,s. 1(2), p. 256,s. 13 (2). 
contributions by individuals, 253 (a) , 

(d). 
copies, by whom certified, 261, s. 25 

(1), p. 264, s. 34 (1). 
corporate property, 256, s. 11, p. 391, 

s. 34 (1). 
costs of laying out, apportionment of, 
259, ss. 20-22, p. 277, ss. 1, 2. 
upon appeal from selectmen, 262, 
s. 27. 
damages, and to whom, 25S, s. 16 
and notes, 
administrator, 258, s. 16 (1). 
corporations, 256, s. 11. 
, deductions, 258 (e). 

how estimated, 258 (c). 
laid out lots with streets, 258 (a), 
lessor and lessee, 258, s. 16 (1). 
neglect to award, effect, 259 (f). 
nominal, in what cases, 258 (e). 
none unless land taken, 258 (a), 
payment, 277, c. 43. 
railroads, 258 (b), (d). 
reversioner, 258, s. 16. 
tenants in common, 258, s. 16 (1). 
unknown owner, 259, s. 17. 
dedication is selling lots, 258 (a), 
deductions, 258 (a), (e). 
dismissing appeal, 261 (b), p. 262, s. 

26(2). 
disqualification to act, 253, s. 1 (e). 
double tracks, 253, s. 1 (d), p. 256, 3. 
12 (1). 



HIGHWAYS LAID OUT, ETC. 470 HIGHWAYS, MAKING, ETC. 



HIGHWAYS LAID OUT BY SELECT- 
MEN— continued. 

errors cured by amendment, 263, s. 
29(1). 
by av peal, 261 (b). 
estoppel to claim damages, 258 (a). 
evidence before commissioners, 263, 
s.30. 
before selectmen, 263, s. 30 (1). 
examination of route, 254, s. 7. 
execution for costs and damages, 262, 

s. 28. 
fencing, allowance for, 258 (c). 
franchise of corporations, 256, s. 11. 
gates and bars, 256, ss. 12-14. 

in discretion of selectmen, 256, s. 

12(1). 
roads subject to, are public high- 
ways, 256, s. 13 (2). 
land-owner objecting, 260, s. 23, p. 

262 (a),s. 27 (1). 
limitation of sixty days, 260, s. 23. 

of one year, 260, s. 23. 
logs, running, not to be obstructed, 

255, s. 10. 
minors entitled to damages, 254, s. 4, 

p. 266 (g). 
monuments in laying out, 264, s. 33 

(a). 
mortgagor and mortgagee, 254, s. 3 

(a), 
navigation not to be obstructed, 255, 

s. 10. 
notice of appeal to court, 260, s. 23. 
of hearing before selectmen, 254, 

ss. 3-6. 
waiver of notice, 262 (1), p. 267, 

s. 25 (1). 
who not entitled to notice, 262, s. 
25 (1). 
obstructing navigation, 255, s. 10. 
order of notice, forms of, 264, s. 34, 

p. 265 (b). 
parties to appeal, 262, s. 25 (1). 
petition for highway, form of, 263, 
s. 33. 
for private road, 267, s. 37. 
to joint board, 269, s. 40. 
to remove gates and bars, 268, s. 

38. 
to widen and straighten, 268, s. 39. 
upon appeal to court, 269, s. 41 
and notes. 
plan of survey, reference to, 257, s. 

15 (a). 
pleasure travel, 253, s. 1 (b). 
posting notice of hearing, 265, s. 34 

(2). 
presumption from lapse of time, 253, 

s. 1 (c). 
private roads, provisions for, 253, s. 
1, p. 256, ss. 12-14. 
are public highways, 256, s. 13, 

(2). 
constitutionality of, 253, s. 1 (2), 
p. 256, s. 13 (2). 
public buildings and grounds, 253, s. 

1(a). 
public necessity for highway, what 
is, 253, s. 1 (a), (b), (d). 
none unless accessible, 255 (c). 
publication, notice, 265, s. 35 and 
notes. 



HIGHWAYS LAID OUT BY SELECT- 
MEN— continued. 

quashing appeal, 261 (b), p. 262, s. 

26 (2). 
rafting and boating, 255, s. 10. 
railroads, 256, s. 11, p. 258 (b), (c), (d), 

p. 266 (e), (m). 
remainder man and reversioner, 254, 

s 5, p. 266(d). 
remonstrants, not parties in court, 
261, s. 25 (1). 
may appear at hearing, 261, s. 25, 

(1). 
reference to commissioner, 260, s. 23. 
report of commissioners, 262, ss. 26, 
27. 
who may object to, 262 (a), s. 27 

(1). 
return of laying out, 257, s. 15, p. 265, 
s. 36, p. 267 (t). 
by joint board, 269, s. 40 (b), 
of private road, 268, s. 37 (b). 
of removing gates, 268, s. 38 (b). 
of widening and straightening, 

269, s. 39 (b). 
no collateral impeachment of, 
253, s. 1 (c). 
riparian owners, 267, s. 36 (2). 
rivers as public highways, 255, s. 10 
and notes, 
laying out over, 255, s. 10. 
ownership of land upon, 267, 3. 
36 (2). 
running logs and timber, 255, s. 10 

and notes, 
selectmen act as a court, 253, s. 1 (a). 

when disqualified, 253 (e). 
service of notice and proof of, 261, s. 
25 (1), p. 264, s. 34 and notes, 
by publication, 265, s. 35 (c). 
sidewalks, 255, s. 8 (b). 
signing petition in pencil, 264, s. 33(d). 
state line on Conn, river, 260, s. 21 (1). 
tenant for life and in remainder, 254, 

s. 5, p. 266, s. 36 (d). 
tenants in common, 254, s. 3 (1), p. 

267, s. 36 (n). 
termini in petition adhered to, 263, 8. 
33 (a). 
certainty in, 263, s. 33 (a). 
when amendable, 263, s. 29 (1). 
turnpike road, 254 (b), p. 255, s. 9 (a), 

p. 256 (a). 
unknown owners, 254, s. 6, p. 259, s. 

16 (f),p. 267 (n). 
vacancy in board of selectmen, 253, 

s. 1 (e). 
waiver of damages, 267, s. 36 (4). 

of notice, 267, s. 36(1). 
widening and straightening, 253, s. 1, 

p. 255(a), p. 268,s. 39. 
width and centre line, 264, 3. 33 (b), 
p. 267, s. 36 (3). 
HIGHWAYS, making and repairing, 383, 
c. 45; see Making and Repairing 
Highways, post. 
money, votes for, 8, s. 4. 

in another town, 9, s. 4 (2) ; see 

Contributions, etc., ante, 458. 

suits on account of, 297, c. 46, p. 317, 

c. 51. See Fines for Neglect, 463, 

and Special Damage to Travellers, 

post. 






HIGHWAYS, MAKING, ETC. 471 ILLEGITIMATE CHILDREN. 



HIGHWAYS, making and repairing— con- 
tinued. 

strays in, 138, c. 24. p. 142, c. 25. See 
Impounding, and Strays and Lost 
Goods, post. 
HIGHWAY SUKYEYORS, 285-292, 298, 
c. 47, p. 303, c. 48, p. 313, c. 50. See 
Making and Repairing Highways, 
Removing Incumbrances, etc., and 
Special Damage to Travellers, post. 
HISTORIES OF TOWNS. 8, s. 4. 
HOG-REEVES, 109, s. 21. ' 
HOLDING OYER, 110, s. 23. 
HOME, 62-69. See Dwelling-Place or 

Home, ante, 460. 
HOMESTEAD, purchase of, 351, ss. 8, 9. 
See Insane Persons and Spend- 
thrifts, post. 
HOMICIDE, 26, ss. 4, 5. See Suppression 

of Riots, post. 
HOOPS AND STAVES, 175-177. See In- 
spectors and Surveyors, post, 473. 
HORSE RACING, 434, s. 10, p. 449, vi. 
HORSES AND CATTLE TAXABLE, 193, 

s. 6. 
HOUSES OF CORRECTION, 430, c. 71. 
accounting to the overseers, 431, s. 7. 
auditing accounts, 430, s. 2. 
authority of master, 430, s. 4. 
by vote of town, 430, s. 1. 
bread and water diet, 430, s. 4. 
close confinement, 430, s. 4. 
commissioners as overseers, 430, s. 2. 
county, when liable, 431, s. 8. 
escape of offenders, 431, ss. 5, 6. 

penalty f r, 431, s. 6. 
inability to work, 431, s. 8. 
jail as house of correction, 431, s. 9. 
jailer as keeper, 431, s. 9. 

not to be removed, 430, s. 3. 
labor required, 430, s. 2. 
master, appointment of, 430, s. 2. 
authority of, 430, s. 4. 
to render accounts, 431, s. 7. 
when to be removed, 430, s\ 2. 
monthly inspection, 430, s. 2. 
net earnings to treasurers, 431, s. 7. 
overseers and duties of, 430, s. 2. 
persons to be received, 430, s. 4. 
if unable to work, 431, s. 8. 
owner of property liable, 431, s. 8. 
whether suit necessary, 431, s. 8 
(1). 
regulations for inmates, 430, s. 2. 
removing officers, 430, s. 2. 
selectmen as overseers, 430, s. 2. 
six months auditing, 430, s. 3. 
HUNDRED WEIGHT, net, 181, s. 14. 
HUSBAND AND WIFE, suits by, 322, s. 
16. 
domicile or home, 64, s. 18. 
guardianship, 349, s. 2 (1). 
homestead purchase, 351, ss. 8-10. 
insanity. 349, s. 2 (1), p. 351, ss. 8-10. 
settlement, 356, s. 3 and notes, p. 361, 

s. 11. 
support, 363, s. 1 (c). p. 370 (e), s. 5. 
HUMANE SOCIETY. 336, ss. 17, 18. See 

Guardianship, etc., ante, 466. 
IDLENESS. 349, s. 3, p. 365, s. 8, p. 375,3.3. 
ILLEGAL FEES, penalty for, 227, ss. 11, 
12. 
do not avoid sale, 246, xii. 



ILLEGAL TAX, abatement of, 224, s. 2 (c). 
if in part illegal, 224 (c). 
remedy for, 224 (c). 
sale upon, invalid, 224 (c). See Abate- 
ment of Taxes, ante, 453. 
ILLEGITIMATE CHILDREN, 339, c. 54. 
abandoning complaint, 341, s. 5. 
appearance by attorney, 339, s. 1 (&). 
application by town to prosecute, 
341, s. 5. 

form of, 841, s. 5 (a). 
arrest, where made, 345, s. 14 (2). 
begetting out of the state, 339, s. 1 (b). 
binding over, 340, s. 2. 
certified copies to court, 340, s. 3. 
chargeable, issue of, 341, s. 3. 
commissioners prosecuting, 342, s. 9. 
committing to jail, 341, s. 4, p. 346, 

s. 15 (a). 
complaint by mother, 339, s. 1, p. 343, 
s. 13. 
by town, 342, s. 6, p. 347, S..17. 
costs against town, 342, s. 8. 
defect in warrant, effect of, 339, 3. 1 
(a). 
in recognizance, 347, s. 16 (1). 
discharging from jail, 342, s. 10. 
entering in court, 340, s. 3. 
escaping, warrant upon, 343, ss. 11, 

12. 
evidence at trial, 340, s. 1 (c). 

both parties testify, 340, s. 1 (c). 
evidence as to character, 340, 3. 

1(c). 
exhibition of child, 340, s. 1 (c). 
testimony as to resemblance, 340, 
s. 1 (c). 
examination and record, 345, s. 15. 
exhibiting child to jury, 340, s. 1 (c). 
extended record of examination, 340, 

s. 2 (a). 
filing copies first day of court, 341, s. 

3 (1). 
husband not to join in complaint, 

339, s. 1 (a). 
indorser not requisite, 339, s. 1 (a), 
issue, form of, at trial, 341, s. 3. 
jail, committing to, 346 (a). 

discharging from, 342, s. 10. 
jury trial, 341, s. 3. 
justice, jurisdiction of, 339, s. 1, p. 

343, ss. 11, 12. 
legitimating by subsequent mar- 
riage, 348, s. 18. 
married woman, complaint by, 339, 

s. 1. 
mittimus, form of, 346, s. 15 (a). 
mother, complaint by, 343, s. 13. 

payment to, 341, s. 4. 
nature of the process, 339 (a), p. 340 

(c). 
officer's return, form of, 345, s. 14 (a), 
payment ordered, 341, s. 4. 
recognizance is only for appearance, 
341, s. 4(1). 
form of , 340, s. 2 (1), (a). 
before another justice, 346, s. 16. 
suit upon, 347, s. 16 (1). 
seal upon warrant unnecessary, 345, 

s. 14 (3). 
security to town, 341, 342, ss. 4, 7. 
town making complaint, 342, s. 6, p. 
347, s. 17. 



ILLEGITIMATE CHILDREN. 



472 



INSANE PERSONS, ETC. 



ILLEGITIMATE CHILDREN-con. 

prosecuting mother's complaint, 

341, s. 5. 
security to, ordered, 341, s. 4. 
what town may prosecute, 342, s. 

6(1). 
when liable for costs, 342, s. 8. 
venue, or places of proceeding, 339, s. 

1 '(b), p. 343, ss. 11,12. 
warrant for arrest, 339, s. 1, p. 344, s. 
14. 
after an escape, 343, s. 12 (1). 
ILLUMINATING OILS, 395, c 63. See 

Explosive Illuminating Oils, 461. 
IMPLIED PROMISE OF TOWNS, 7, s. 

3(a). 
IMPOUNDING, 142, c. 25. 

application for appraisal of damage, 

144, s. 7, p. 146, ss. 10, 11, p. 151, s. 
27, p. 154, s. 33. 

after four days, 145 (a), p. 146, s. 
13. 
application for sale, 145, 146, ss. 10, 

11. 
appointment of appraisers, 144, s. 7, 

p. 146, s. 11, p. 152, s. 29. 
appraisers not limited by claim, 145, 
s. 9 (1). 
major part decide, 145, s. 8 (2). 
notice by, 144, s. 7. 
oath of, to return, 154 (a). 
return by, to justice, 145, s. 8, p. 
153, s. 31. 
barn, impounding in, 143, s. 2. 
cattle doing damage, 142, s. 1. 
feeding at roadside, 142 (3). 
going at large contrary to by-law, 

142, s. 1. 
in care of attendant, 142 (3). 
of non-residents, 142 (3). 
not if damage nominal, 142 (2). 
upon commons, 142, s, 1. 
upon lands lying in common, 

142 (3). 
where land-owner should have 
fenced, 142 (2). 
discharging from pound, 144, s. 6, p. 

145, ss. 9, 10. 

driving to pound, 143, s. 2 (1). 

within a reasonable time, 142, s. 
1(1). 
estimate of damage, 143, s. 3. 
by self or agent, 143, s. 3 (1). 
when unnecessary, 143, s. 3 (1). 
fees for impounding, 148, ss. 20, 21. 
remedy for, 145, s. 9, p. 148, s. 20, 

(1). 
to person impounding, 145, s. 9, 

p. 148, s. 20 (1). 
upon rescue and retaking 147, ss. 
16, 17. 
highways, cattle in, 142, s. 1 and 

notes, 
inclosure, what is, 142 (2). 
nominal damage, no impounding for, 

142, s. 1 (2). 
notice by appraisers, 144, s. 7, p. 145, 
S. 8. 
by party impounding, 143, 144, ss. 

4,5. 
by justice applied to, 144, s. 7. 
neglect to give, effect of, 144, s. 
4(1). 



IMPOUNDING— continued. 

waiver of notice, 144, s. 4 (1). 
overplus, payment of, 146, s. 12. 
payment of damages, 144, s. 6, p. 145, 

s. 9, p. 146, s. 11. 
posting notice, and form of, 144, s. 5. 
pound-breach and rescue, 147, ss. 15, 

16. 
pound, what is, 143, s. 2 and notes, 
penalty for not providing, etc., 
146, s, 14. 
pound-keeper's duties, 148, s. 18. 
allowance for keeping, 148, s. 19. 
fees to be paid to, 148, s. 20. 
must use the pound, 143, s. 2 (1). 
not subject to replevin, 143 (a). 
recapturing upon rescue, 147, 8. 
16. 
reasonable time for impounding, 142, 

(!)■ 
distance for driving off, 142, s. 1 

replevin, disallowance of, 143 (a). 
rescue, penalty for, 147, s. 15. 

retaking after rescue, 147, s. 16. 
does not purge offence, 147, 
s. 16 (1). 
return of appraisal, 145, s. 8. 
sale of cattle trespassing, 145, 146, ss. 

10, 11. 
strays after four days, 146, s. 13. 
sustenance for cattle, 148, ss. 18, 19. 
owner not liable for pound-keep- 
er's neglect, 148, s. 18 (1). 
to be furnished in the pound, 
143,8.2(1). 
Sunday, impounding upon, 142, s. 1. 
waiver of objections, 144 (1), p. 145, 
s. 8(3). 
IMPROVED LANDS, 156, c. 26, p. 213, s. 

20. 
INCORPORATED PLACES, 1, s. 5. 
INDEMNITY TO OFFICERS and agents, 
8, s. 3(e). 
to towns. 8, s. 3(e). 
INDENTURES, 330, s. 3. 
INDIANS not citizens, 61, s. 8 (a). 
INDICTMENT for not building, 297. See 

Fines, etc., ante, 463. 
INFORMATION FOR NOT BUILDING, 

297. 
INHABITANTS defined, 2, s. 6. 

levy upon, for town debt, 18, 19. 
INOCULATION, 414, c. 67. See Pestilen- 
tial Diseases, post. 
INQUISITION, 348, s. 1. 
INSANE PARENT, 335 (c). See Guar- 
dianship, ante, 467. 
INSANE PERSONS and spendthrifts, 
348, c. 55. 
application for guardian, 348, s. l,p. 

350, s. 4. 
asylum for insane, 352-356. 
certificate of physician, 354, s. 16. 

of selectmen, 354, s. 16. 
children neglected, 349, s. 3. 
committee for inquisition, 348, s. 1. 

duties of, 348 (b), (c). 
complaint for guardianship, 350, s. 4. 

forms of, 350, s. 4. 
Concord's exemption, 354, s. 15. 
contracts of ward, 351, ss. 6, 7, and 
notes. 



INSANE PERSONS. ETC. 



473 



INVOICES. ETC. 



INSANE PERSONS, etc.— continued. 

of guardian, 351, s. 6 and notes, 
dangerously insane, 352, s. 10 and 

notes, 
decree of insanity, 349, s. 2. 
families neglecte' ;. 349, s. 3. 
friends petitioning for guardianship, 

348, s. 1, 
guardian of insane, 348. s. 1. 
appointment of, 341, s. 1. 
to give notice of appointment, 

350, s. S (1). 
other duties of, 350, s. 5 (a), 
guardianship of spendthrift, 349, ss. 

3,4. 
homestead, purchase of, 351, ss. 8, 9. 

certificate for, 351, s. 9. 
husband, when appointed, 349, s. 2 

(1). 
inquisition to be made, 348, s, 1. 
insane persons in jail, 352, s. 11. 
county paupers. 343, ss. 12, 13. 
town paupers. 353,' s. 14. 
insanity defined. 349 (d). 
mental incompetency, test of, 349 (d). 
necessaries, liability 'for, 351, s. 6 (1), 

s. 7(1). 
new promise, 351, s. 6 (1). 
notice to county, 350, s. 18. 
for inquisition, 349 (b). 
old age, incompetency from, 349 (d). 
opinions as to sanity, 349 (d) . 
overseers petitioning for guardian- 
ship, 348, s. 1, p. 350, s. 4.^" 
personal examination by board, 349 

(c). 
relatives petitioning for guardian- 
ship, 348, s. 1, p. 350, s. 4. 
sales after notice invalid, 351, ss.6, 7. 
selectmen's authority, 352, s. 10 (a). 
petitioning for guardian, 348, s. 
(a), p. 35u, s. 4 (a), (b). 
sickness, incompetencv from, 349 (d). 
spendthrift defined, 349, s. 3. 
state support, 353, s. 14. 
town's liability, 355, s. 19. 
void and voidable contracts, 351, s. 6 

and notes, 
where committed to asylum, 352-356. 

See Asylum, etc., ante, 454. 
wife, insanitv of, 349, s. 2 (1). 
INSANITY, vacancy from, 113, s. 1 (2). 
INSPECTORS AND SURVEYORS, 170, 
c.29. 
beef and pork, 178, s. 33. 
branding for exportation, 174, s. 21, 

p. 177,3. 29. 
bunching and branding, 174, s. 21. 
butter and lard, 178, s. 33. 
clapboards, 175, ss. 22-25. 
clear, 175, s. 24. 
merchantable, 175, 3. 24. 
sap clear, 175, s. 24. 
sawed, 175. s. 23. 
shaved, 175, s. 22. 
cord-wood, 172, s. 9. 

measurers of, 172, s. 10. 

certificates by, 172, s. 10 (1) . 
fees of. 172, S3. 10, 11. 
cullers of hoops and staves, 173, s. 14, 

p. 177, ss. 30, 31. 
exporting without inspection, 177, s. 



INSPECTORS AND SURYEYORS-corc. 
without branding, 171, s. 3, p. 177, 
s. 29. 
fees for inspection, 177, s. 27. 
fish inspectors, 178, s. 33. 
flour inspectors, 178, s. 33. 
fraud in inspection, 177, s. 30. 
hay, inspection of, 171, S3. 2-5. 
heading and hoops, 175, s. 25. 
hoops and staves, 173, s. 14, p. 175, 3. 

25. 
hops and fish, 178, s. 23. 
inspectors of hav. appointment of, 
170, s. 1. 
duties and fees, 171, s. 4, p. 172, 

s. 7. 
petitiou for, form of, 170, s. 1. 
seal affixed, 172, s 6. 
selling without inspection, 172, s. 
8. 
lumber surveyors, 173, ss. 12, 13. 
milk inspectors, 178, s. 33. 
neglect to inspect, penalty, 177, s. 31. 
negligent inspection, 177, s. 21. 
pearlasb. inspector, 178, s. 33. 
plank, thickness of, 173, s. 15. 
pork inspectors, 178, s. 33. 
potash inspectors, 178, s. 33. 
pressed hay for exportation, 171, 33. 
2-8. 
fees for inspection, 172, s. 7. 
grades in, 171, s. 5. 
inspector's seal, 172, s. 2. 
selling without inspection, pen- 
alty, 172, s. 8. 
round ship timber, 173, ss. 16, 17. 
shingles, grades in, 174, ss. 18-21. 
bunching and branding, 174, s. 21. 
sawed, No. 1, 174, s. 20. 
No. 2, 174. s. 20. 
No. 3, 174, 7, 20. 
refuse, 174, s. 20. 
shaved, No 1, 174, s. 19. 
No. 2, 174, s. 19. 
No. 3, 174, s. 19. 
staves, requisites of, 175, 176. 

cullers of, 173, s. 14, p. 177, ss. 30, 

31. 
how counted, 176, s. 26. 
survevors of lumber, 173, S3. 12, 13. 

of wood, 172, ss. 10, 11. 
white oak staves, 175-178. 
INSPECTORS OF PETROLEU3I, 335, s. 1. 
See Explosive Illuminating Oil3, 
ante, 461. 
INTEREST, in funded debt, 12, s. 12. 
if at 5 per cent., etc., 196, s. 11. 
upon unpaid taxes, 228, s. 13 (1), s. 2. 
INTIMIDATING VOTERS, 100, s. 12. 
INTOXICATING LIQUOR, 5, s. 31. See 
Sale of Intoxicating Liquors, post. 
INVOICES AND ASSESSMENTS, 206, c. 
34. 
accidental omission, 216, s. 31 (1). 
after April first, 196, s. 12. 
annually in April, 206, s. 1, p. 215, s. 

27. 
appraisal, statute rule for, 210, s. 7 

(1), p. 212, s. 18. 
assessing upon return and evidence, 

208, s. 5. 
assessment books, disagreement in, 
216, s. 33 (a). 



INVOICES, ETC. 



474 



INVOICES, ETC. 



INVOICES AND ASSESSMENTS— con. 
assessors, part of joint board, 107, s. 9. 
banks and savings institutions, 211, 

s. 13. 
blanks for, by secretary of state, 206, 
ss. 1. 2. 
delivery of, bv selectmen, 206, s. 
2, p. 207, s. 3(1). 
to corporations, 207, s. 4. 
board of equalization, 210, s. 7 (1). 
books for, to be furnished, 206, s. 1. 
buildings not especially designated, 

213, ss. 20, 21. 
by countv commissioners, 214, ss. 

24-26. 
canals and aqueducts, 213, s. 20. 
carding machines, 213, s. 20. 
carriages, 213, s. 20. 
cashier, duties of, 211, ss. 13-16. 
cities, assessors in, 214, s. 25. 
copy or original left with town-clerk, 

216, s. 33. 
corporations, 207. 

in corporate name, 198, s. 9. 
officers, duties of, 211, ss. 13-16. 
correcting assessment, 220, s. 86. 
return for taxation, 209, s. 6. 
county commissioners in unorgan- 
ized towns, 204, s. 24. 
county convention, record of, 215, s. 

30 (1). 
county tax, evidence of, 215, s. 30 (1). 
cows and other stock, 213, 8. 20. 
deposits, account of, 211, s. 15. 
deductions for insane, 213, s. 22. 
description of land, 203, s. 22 (2). 
disagreement in tax books, 216, s. 33 

(a). 
doomage, in what cases, 208, s. 5, p. 
211, s. 14. 
corporations, 211, s. 14. 
form of, 209, s. 5 (1), p. 211, s. 14. 
not discretionary, 208, s. 5 (1). 
not for inadvertence, 209, s. 5 (1). 
double taxation, 195, s. 8 and note. 
estates of persons deceased, 207, s. 4. 
exemptions by statutes, 192, ss. 2, 4, 
p. 194, s. 7. 
by vote of town, 195, s. 10, p. 196, 

8.11. 

of non-residents, 215, s. 29. 
factories and mills, 213, s. 20. 
false standard of appraisal, 210, s. 7 

(1). 
return for appraisal, 208, s. 5, p. 
214, s. 10. 
ferries and toll bridges, 213, s. 20. 
fictitious name, deposits in, 212, s. 17. 
fire district taxes, 215, s. 30. 
five per cent, overlay, 216, s. 31. 
form of assessment, 220 (1), (2). 

with invoice, 219. 
four-folding, 208, s. 5, p. 211, s. 14. 
fraudulent returns, 210, s. 10, p. 212, 
s. 17. 
transfers, 212, s. 17. 
guardians and trustees, 207, s. 3 (2), 

8.4. 

highway tax vote, 216 (a). 
horses and cattle, 213, s. 20. 
illegal vote, assessment on, 216, 8. 30 
(2). 
no valid sale on, 224 (c). 



INVOICES AND ASSESSMENTS-core. 
improved lands, 213, ss. 20, 21. 
insane persons, 213, s. 22. 
insufficient returns, 208, s. 5, p. 211, 
ss. 14-16. 
if wilfully false, 208, s. 5, p. 210, 
s. 9. 
insurance companies, 211, s. 13. 
leaving invoice with clerk, 216, s. 33. 
before first day of July, 216, s. 33. 
copy may be left, 216, s. 33. 
effect of non-compliance, 217 (c). 
long leases, how estimated, 212, 3. 

18 (1). 
mandamus to assess, 216, s. 30 (2). 
without inquiry, 216, s. 30 (2). 
minerals and ores, 212, s. 19. 
mistake in name, 198, s. 9 (1), p. 211, 

ss. 12, 13. 
mode of proceeding, 217, s. 34. 
money on hand or at interest, 213, a. 
20. 
neglect to assess, 210, a. 7 (1). 
when perjury, 210 (1), s. 9. 
wholly indefensible, 210, s. 7 (1). 
mortgaged land, 213, s. 19 (1). 

shares and stocks, 211, s. 15. 
notice of omitted propertv,221, s. 36, 
(D,(2). 
to make returns, 209, s. 6. 
oath of assessors, 213, s. 23, p. 215, s. 
27. 
of tax-payer, 210, s. 10. 
so generally disregarded, 210 (1). 
wilfully false, perjury, 210, ss. 9, 
10. 
ores and minerals, 212, s. 19. 
over-assessment, effect of, 216, 8. 31, 

p. 224 (c). 
overlay of five per cent., 216, s. 31. 
penalties upon assessors, 209, s. 7, p. 
210, s. 9. 
upon tax -payers, 208, s. 5, p. 210, 
ss. 9, 10, p. 211,8. 14. 
perjury in taxation, 210 (1), s. 9. 
personal application by selectmen, 

207, s. 3 (1), p. 210, s. 11. 
pledged shares and stocks, 211, s. 15. 
quadrennial invoice, 214, ss. 24-26. 
reappraisal, 215, s. 27. 
record not amendable, 216, s. 33 (b). 
records to be open to inspection, 216, 

s.33. 
reduced valuation, 215, s. 28. 
returns to assessors, 207, ss. 3, 4. 
assessing upon, 208, s. 5. 
blanks for, 206, s. 2. 
by April fifteenth, 206, s. 3. 
when by May first, 210, s. 8. 
returns to secretary of state, 223, s. 42. 
school-house taxes, 215, s. 30. 
school taxes, 215, s. 30. 
selectmen's duties, 206-223. 
separate columns in assessment, 213, 
ss. 20, 21. ■ 
interests in land, 212, s. 19. 
several taxes in one, 216, s. 32. 
shares in corporations, 213, s. 20. 
account of, 211, s. 15. 
evasive transfers of, 210, s. 10, p. 

212, s. 17. 
inventory of, 221, ss. 37-40. 
sheep and hogs, 213, s. 20. 






INVOICES, ETC. 



475 MAKING HIGHWAYS, ETC. 



INVOICES AND ASSESSMENTS— con. 
state and county tax, 215, s. 30. 
state treasurer, 221, ss. 37, 38, p. 222, 

ss. 39-42. 
stock in trade, 213, s. 20. 

in public funds, 213, s. 20, 
tax table, 2] 8, s. 34. 
timber of separate owners, 212, s. 19. 
transfers to evade taxes, 210, s. 10, p. 

212, s. 17. 

trustees uuder wills, 207, s. 2 (2). 
unorganized towns, 214, s. 24. 
value erroneouslv stated, 210 (1), p. 

213, s. 20 (1). " 

votes, what is illegal, 216, s. 30 (2). 
warrants for state and county tax, 

215, s. 30. 
water-power in different towns, 213, 

s. 19 (1). 
withholding true name, 211, ss. 12, 13. 
wood and timber, 212, s. 19. 
wrong person assessed, 220, s. 36. 
what and whom taxable, 191-206. 

See Subjects of Taxation, and 

Where Taxed and to Whom, post. 
when tax shall be abated, 223. See 

Abatement of Taxes, ante, 453. 
JAIL, as house of correction, 431, s. 9. 

commitment to, by collector, 231, s. 

JAILER, authority of, 232, s. 12, p. 431, 
s. 9. 
bond to, when given by creditor, 363, 

s. 1 (b). • 
copy to, of precept, 232, s. 12. 
when he may hold without a war- 
rant, 429, ss. 21, 22. 
JOINT AUTHORITY, how executed, 3, s. 

14. 
JOINT TENANT, how taxed, 199, s. 12, p. 

204, s. 24, p. 212, s. 19. 
JOURNALS, distribution of. 13, s. 17. 
JUDGE OF PROBATE, duties of, 336, s. 
17, p. 337, s. 18, p. 348, c. 55. 
as to children abandoned, 336, 337, 

ss. 17, 18. 
as to insane persons, 346, c. 55. 
as to spendthrifts, 349, 350, ss. 3. 4. 
JUDGMENT in rem, 33, s. 8. 
JUNK DEALERS, 103 (h). 
JURISDICTIONAL LINE, 33, s. 7 and 

notes. 
JURISDICTION, want of, fatal, 146, a. 11 

(1). 
JURORS, 125, c. 22. See Drawing Jurors, 

ante, 460. 
JURY, province of, 317, s. 1 (1). 
JUSTICE DEFINED, 2, s. 11. 
JUSTICE OF THE PEACE, 2, s. 11. 
KEROSENE, 395, c. 63. See Explosive 

Illuminating Oils, ante, 461. 
LADDERS AND BUCKETS, 381, c. 60. 

See Firewards and Firemen, 463. 
LAND, what it includes, 3, s. 20. 
LAYING OUT CEMETERIES, 37, c. 7. 
commons, 37, c. 7. 
highways, 253-278. 
parks, 37, c. 7. 
LEASES for 999 years, 199, s. 12 (2). 
LEGACIES to paupers, 365, 8. 8 (b). 

for care of cemetery lots, 40, ss. 7, 8. 
LEGISLATIVE CONTROL over towns, 
8.8.3(g). 



LEAVING CARRIAGES in streets, 418, s. 

7, p. 449, vi. 
LIBRARIES for the public, 9, s. 4, p. 42, 

c. 8. 
LICENSE to occupy streets, 301, s. 7 (1), 
p. 302, ss. 13, 14, p. 311, ss. 17, 18, p. 
313, c. 50, p. 418, ss. 8, 9. 
to erect gate, 302, ss. 13, 14. 
to peddle, 103 (g). 
LIENS, record of, 105, s. 8, p. 106 (d), (f). 
for taxes, 201, ss. 16-20. 
of one paving taxes, 205, s. 27. 
LINEAL DESCENDANTS, 3, s. 19. 
LIST of stockholders, filing of, 106 (d). 
by cashier, 211, s. 15. 
by selectmen, 221, ss. 37-40. 
by treasurer, 221, s. 37, p. 232, s. 39. 
of taxes to be signed, 228, s. 1. 
what is a signing, 236, s. 19 (2). 
LOANS at five per cent., 196, s. 11. 

funding, 12, s. 12. 
LOCKS AND CANALS, 192, s. 3. 
LOGS in rivers, 156, c. 121. See Floating 
Timber, ante, 464. 
taxation of, 194, vi, pp. 199, 200, 213, 
s 19. 
LOST GOODS, 138, c. 26. See Strays and 

Lost Goods, post. 
LUMBER for highways, purchase of, 290, 
s. 16. 
taxation of, 194, vi, pp. 199, 200, 213, 
s. 19. 
LUNATIC defined, 3, s. 17. 
LYNX, bounty upon, 185, s. 3. 
MACHINERY OILS, 399, s. 9. See Explo- 
sive Illuminating Oils, ante, 461. 
MAJOR VOTE, election by, 107, s. 10. 
MAJORITY of board may act, 3, s. 14. 

but not so as appraisers, 145, s. 8 (2). 
vote, what is, 72, s. 11 (1). 
two or more having, 73, s. 12. 
MAKING AND REPAIRING HIGH- 
WAYS, 283, c. 45. 
abandonment prevented, 297, s. 34. 
acceptance of road, 283, s. 1 (b). 
accounting by surveyor at end oi 

year, 294, ss. 24-26. 
adjoining land, changing level of, 
292, s. 20 (1). 
entering upon, in repairing, 292 
s. 20 (1). 
by traveller, if necessary, 22. 
agent to build road, appointment of, 

283, s. 1 (b). 
alteration in highways, damages 
from, 292, s. 20. 
made with due care, no liability, 
292, s. 20 (1). 
altering grade of road, 292, s. 20. 
damages to be assessed, 292, s. 
20, p. 293, s. 20 (2). 
appeal for assessment, 291, s. 21. 
arresting for highway tax, 289, s. 9 (1). 
artificial water-courses, 292 (e). 
bond, when required of surveyor, 

295, s. 27. 

form of, 295, s. 27 (1). 
to be filed with town-clerk, 295, 
s. 27. 
buildings on land taken for road, 

296, s. 32. 

cattle straying upon land, 293, s. 20 
(1). 



MAKING HIGHWAYS, ETC. 476 MAKING HIGHWAYS, ETC. 



MAKING AND REPAIRING HIGH- 
WAYS— continued. 

changing grades, 292, s. 20. 
collecting as money tax, 293, 291, ss. 

22, 23. 
collector to finish up collection, 294, 

6.24. 
contracting for repairs, 295, s. 28. 

for material for repairs, 290, s. 16. 
contribution by other towns, 284, s. 4. 
by county, 283, 284, ss. 2, 3. 
without previous notice, 285, s. 
4(a). 
county contributing to repairs, 283, 
284, ss. 2, 3. 
petition for, form of, 284, s. 2 (a), 
(b). 
culverts over water-courses, 292 (e). 
damages for changing grade, 292, s. 
20. 
appeal by owner, 293, s. 21. 
notice for assessment, 293 (b). 
offset of benefits, 292, s. 20, p. 293 

(d). 
petition for assessment, 293 (a). 
return of, 293 (c). 
what included in damages, 293, 
s. 20 (2). 
digging pits in highways, 295, s. 29. 
distress of goods and chattels, 289, s. 9. 
whether against body, "89, s. 9 (1). 
districts, assignment of, 285, s. 6. 
but for one year only, 286, s. 6 (b). 
form of, 285, s. 6 (a), 
need not embrace whole terri- 
tory, 286, s. 6 (c). 
easement only taken by town, 296, 3. 

32. 
encumbering highways, 296, 29?, ss. 

29-31. 
fences on land taken, 296, s. 32. 

showing width of road, 296, s. 32. 
fencing in highway inoperative, 297, 

s. 34. 
fines for wilful injuries to road, 295, 

s. 29. 
gravel lots, land, 290, s. 16, p. 291, ss. 

16, 18. 
highways, what are such, 296, s. 33. 

by estoppel, 296, s. 33 (a). 
inclosing highway inoperative, 297, 

s. 34. 
insufficiency of tax, remedy for, 290, 

ss. 14, 15. 
land-owners' use of highway, 296, s. 
32. 
of their own land, 296, s. 31. 
laying out gravel lots, 291, s. 18. 
lien for highway taxes extended, 294, 

s. 24. 
list of taxes to be delivered to town- 
clerk, 294, s. 25. 
to be given to surveyor, 294, s. 24. 
lowering grades, 292, s. 20. 
money contribution, 283, 284, ss. 2, 3. 
notice to work out tax, 288, s. 8. 
form of, 289, s. 8 (2). 
if not given, sale illegal, 289, s. 
9(1). 
obstructing highways, penalty for, 

291, s. 19, p. 296, s. 31. 
part performance in building, 283, s. 
1(b). 



MAKING AND REPAIRING HIGH- 
WAYS— continued. 

passage to house, etc., not to be ob- 
structed, 292, s. 19. 
penalties upon surveyor, 294, 295, ss. 

26, -n. 
prices for labor, etc. , how fixed, 289, 

s. 10. 
private way, working out tax upon, 
290, s. 12. 
protection of, 292, s. 19. 
purchase of timber and material, 290, 
s. 16. 
suits for purchases, 290, 291 (a), 
(b). 
raising grades, 292, s. 20 and notes, 
raising money for highways, 283, s. 1. 
summer and winter tax, 283, s. 1 
(a). 
rebuilding, contributions to, 283, 284, 

ss. 2, 4. 
removing gravel, etc., 291, s. 17. 
repairs at expense of town, 290, s. 15. 
by contract, 295, s. 28. 
contiibutions to, by county and 

towns, 283, 284, ss. 2-4. 
to enable one to pass, 292, s. 19 (c). 
when money not expended, 290, 
s. 15 (1). 
reservoirs, right to put in, 292 (d). 
selectmen appointing agents, 283, s. 
Kb). 
appointing surveyors, 285, s. 5. 
contracting for repairs, 290, s. 15, 

p. 295, s. 28. 
to be in session to receive ac- 
counts, 294, s. 25. 
transferring to other districts, 

290, s. 14. 
whether they may accept road, 
283, s. 1 (b). 
selling for illegal tax void, 286, s. 6 

(d). 
sessions, to receive survivors ac- 
counts, 294, s. 25. 
sewers, right to put in, 292 (d). 
soil, etc., land for, 291, s. 18 and 

notes, 
sprinkling streets, 292 (d). 
suits against surveyor, 286, s. 6 (d). 
summer and winter tax, 283, s. 1 (a), 
surveyors, choice of, 285, s. 5. 
appointment, 285, 8. 5 (2). . 
disclosing agency to seller, 290, 

s. 16 (a). 
have power of collector, 285, s. 6. 
must be sworn, 285, s. 5 (3). 
must not obstruct ways, 292, s. 

19 and notes. 
must render an account, 294, s. 

24. 
must return list and warrant, 

294, s. 24. 
personal services of, 290, s. 16 (a). 
purchases by, 290, s. 16 and notes, 
selectmen cannot control, when, 

*83, s. 1 (a). 
town indemnifying, 286 (e). 
who may appoint, 285, s. 5 (1). 
toll bridges and ferries, travel to, 

296, s. 33. 
town-clerk, returns to, 294, ss. 24-27. 
towns' liability, to surveyor, 286 (e). 






MAKING HIGHWAYS, ETC. 477 MAYOR AND ALDERMEN, ETC. 



MAKING AND REPAIRING HIGH- 
WAYS— continued. 

for purchases, 290, s. 16. 
remedy over, for obstructions, 

295, ss. 29, 30. 
whether for surveyor's acts, 292 
(a), (b), (e). 
transfers to other districts, 290, s. 13. 
of material in same district, 291, 
s. 17. 
traveller repairing road, 292 (c). 

going; upon adjoining land, 292 
(c). 
travel to work out tax, 289, s. 11. 
turning water upon highways, 296, 

s. 31. 
twenty years' user, 296, s. 33. 
uncovered ditch, i91, s. 19. 
warrant to surveyer, 285, ss. 5, 7. 
must be returned to town-clerk, 

294, ss. 24, 25, 26. 
return upon, whether evidence, 
286 (f). 
water-courses protected, 292 (e). 
width of highway by user, 296, s. 33. 
wilful injuries to highways, 295, ss. 

29, 30. 
wood and timber on land taken, 296, 
s.32. 
MARCH MEETING, 2, s. 7. 
MALICIOUS INJURIES, 295, ss 29, 30, 
p. 304, s. 3, p. 306, s. 16. 
to gas pipes, 306, s. 16. 
to guide-boards, 304, s. 3. 
to highways, 295, ss. 29, 30. 
to water-pipes, 306, s. 16. 
MARKET HOUSE, money for, 9, s. 4 (2). 
MARRIAGES, BIRTHS, AND DEATHS, 
165, c. 28. 
age of consent, 169, s. 10. 
authority to solemnize marriages, 
169, s. 8. 
effect if invalid, 169, s. 7 (1). 
fee for solemnizing, 169, s. 9. 
births, statistics of, 170, s. 13. 
certificate from clerk, 168, s. 4. 
deaths, statistics of, 170, s. 13. 
evidence of marriage, what is, 169-70, 
ss. 11, 12, and notes, 
acknowledgment and reputa- 
tion, 169-70 (a), (b). 
marrying without certificate, 168, s. 7. 

out of the state, 168, s. 7. 
notice of intention, 166, s. 3. 

form of, 167. 
prohibited degrees, 166, ss. 1, 2. 
Quaker marriages, 168, s. 6. 
residence of parties, 166, s. 3. 

false statement of, 166, s. 3 (2). 
subsequent marriage legitimizes 

children, 170, s. 12. 
vital statistics, 170, s. 13. 
MASCULINE AND FEMININE, 1, s. 3. 
MASTER AND APPRENTICE, 329, c. 53, 
p. 365, s. 9, p. 375, s. 3. See Coun- 
ty Paupers, Furnishing Supplies, 
etc., Guardianship, etc., ante. 
MAYOR AND ALDERMEN, and Com- 
mon Council, 440, c. 75. 
adjournment of election, 440, s. 1. 
administration of police, 442, s. 14. 
agency, disqualified for, 442, s. IS. 
aldermen, choice of, 440, s. 1. 



MAYOR AND ALDERMEN, and Com- 

mon Council — continued. 
completion of, 440, s. 1. 
appointment of officers, 442, ss. 14, 15. 
badges and uniforms, 439, s. 5, p. 443, 

s. 16. 
board of mayor and aldermen, 441, s. 

6. 
of common councilmen, 441, ss. 
7-9. 
bonds by marshals and constables, 

442, s. 15. 
certificates of election, 440, s. 2. 
chairman of board of mayor and 

aldermen, 441, s. 6. 
of board of common council, 441, 
ss. 7,8. 
city clerk is clerk for mayor and 

aldermen, 441, s. 6. 
city councils, 446, c. 77. 
clerk of common council, 441, s. 9. 
collector of taxes, 442, s. 15. 
compensation denied aldermen, 442, 

s. 13. 
or councilmen, 442, s. 13. 
constables, 442, s. 15. 
convention for organization, 440, s. 3. 
councilmen, choice of, 440, s. 1. 
death in either branch, 442, s. 11. 
disqualification for created office, 

442, s. 13. 
election of aldermen and council- 
men, 440, s. 1. 
executive powers, in whom vested, 

442, s. 14. 
general meeting o c inhabitants, 443, 

s. 18. 
vote at, only advisory, 443, s. IS 
(1). 
gratuitous services ©f boards, 442, s. 

13. 
joint convention, 440, s. 3, p. 446, c. 

77. 
joint rales for business, 442, s. 12. 
marshal and assistant, 442, s. 15. 
meetings of. to be public, 441, s. 10. 
new elections for either branch, 442, 

s. 11. 
official oath, a record of, 440, 441, ss. 

3,4. 
subsequently taken, 441, ss. 5-7. 
organization, 440, ss. 2, 3. 
police officers and watchmen, 442, a. 

15. 
president of common council, 441, 

s.8. 
powers of city council. See post and 

p. 446. 
quorum for business, 441, s. 10. 
record of official oath, 441, s. 5-7. 
resignation in either branch, 442, s. 

11. 
rules of proceedings, 442, s. 12. 
selectmen's powers granted, 442, s. 14. 
shade-trees and shrubbery, 443, s. 17. 
town or ward officers, 440, s. 1. 
uniforms and badges, 439, s. 5, p. 443, 

8.16. 

vacancies in either branch, 442, s. 11. 
ward clerk to certify election, 440, 

s. 2. 
watchmen and police, 442, 8. 15. 
yeas and nays, 441, s. 10. 



MAYORS OF CITIES. 



478 



MORTGAGOR DEFINED. 



MAYORS OF CITIES, 437, c. 74. 

absence or sickness of mayor, 439, 

s. It. 
adjournments, 438, s. 3. 
badges of constables, 439, s. 5. 
calling special meetings, 439, s. 8. 
canvassing vote, 438, s. 2. 
chief executive, 438, s. 5. 
choice of mayor, 437, s. 1. 
city councils in convention, 437, s. 2. 
conservator of the peace, 438, s. 5. 
contested election of, 438, s. 3. 
copy of record to city clerk, 437, s. 1. 
death or resignation of, 440, s. 12. 
declining office, 438, s. 4. 
duties of, 439, ss. 6, 7. 
fraud and misconduct at election, 

438, s. 3. 
general supervision by, 439, s. 6. 
laying out highways, 439, s. 7. 
mayor's powers, 438, 439, ss. 5-10, 
mayor pro tern., 439, s. 11. 
messages by, to city council, 439, 

s. 9. 
negative vote of, 439, s. 7. 
new precept for election, 438, s. 4. 
no choice of, proceedings on, 438, s. 4. 
presiding officer, 439, s. 7. 
plurality elects him, 438, s. 2. 
record as for senator, 438, ss. 1, 2. 
return of votes, 438, s. 2. 
resignation, 440, s. 12. 
salary of, not to be changed, 439, s. 10. 
sending for persons and papers, 438, 

s. 3. 
sickness or disability of, 439, s. 11. 
special constables by, 438, s. 5. 
special meetings, called by, 439, s. 8. 
sorting and counting votes for, 437, 

s. 1. 
subordinates to be looked after by, 

439,s. 6. 
two-thirds vote over his veto, 439, s. 7. 
vacancy in office of, 440, s. 12. 
veto power of, 439, s. 7. 
MEASURERS OF WOOD, 109, s. 21. See 

Inspectors and Surveyors, 473. 
MEETING-HOUSES, 16, s. 26. 

exempt from taxation, 192, s. 2, p. 

193, s. 4 (a). 
pews in, sale of, 16, s. 27. 
MERRIMACK RIVER, towns on, 31, s. 

1(1). 

MILITARY DUTY, place for, 62, s. 13. 

MILITIA, active and reserved, 20, c. 3. 

discipline and pay, 23, s. 11. 

enrolment of reserves, 20, 21. 

between eighteen and forty-five, 

20, s. 1. 
by order of governor, 24, s. 15. 
reserve! militia, who are, 20, s. 2. 
exempt from enrolment, 20, 21, ss. 

3-5. 
failing to appear, 22, s. 9. 
governor may order enrolment, 24, 

s. 15. 
how called out, 22, s. 7. 
organization, 23, s. 10. 
quota to each town, 22, s. 8. 
shirking duty, 22, ss.9, 12, 13, 14. 
when dutiable, 22, s. 6. 
MILLS and their repairs, 160, c. 27. 

action for not repairing, 164, s. 11. 



MILLS and their repairs— continued. 

assent required for rebuilding, 163, 

s. 10. 
chancery, remedy in, 160 (a). 
costs of suits and petition, 163, 164, sa. 

9,11. 
description of premises, 160, s. 3 (a), 
guardian of owner, 163, s. 7. 
hearing, course of, 163, s. 8. 
joint owners in privilege, 160, s. 1, p. 

161 (c). 
lien for cost of repairs, 164, s. 11. 
mortgagee in possession, 163, s. 7. 
notice to known owner, 161, ss. 4, 6. 
to unknown owner, 161, ss. 5, 6. 
to persons out of the state, 162, 
s. 6. 
order of notice, 161, ss. 4-6. 
petition, forms of, 160, s. 3 (b), (c), p. 

161, s. 5 (1). 
rebuilding, assent required, 163, s. 10. 
request to repair, 160, s. 1 (b). 
special contracts enforced, 165, s. 13. 
Sunday law for mills, 165, s. 16. 
tenant for life, or years, 163, s. 7. 
toll, allowance of, 165, s. 14. 

penalty for taking more, 165, s. 15. 
MILK INSPECTORS, 178, s. 32. 

measures, 1S4, ss. 24-28. 
MINING COMPANIES, 192,s. 3. 
MINORS, distributing criminal news, 421, 
ss 19-21. 
entering saloons, 422, s. 23. 
protection and support, 329, c. 53. 
suit by, for wages, 335, s. 14 (c). See 
Furnishing Supplies, etc., and 
Guardianship, etc., 464, 466. 
MISTAKE IN CHARTER, 36, s. 17. 

in deed for taxes, 240, s. 8 (1;. 
MITIMUS, form of, 346 (a). 
MIXED LIQUOR, if intoxicating, 5, s. 31. 
MODERATOR, choice of, and duties, 70, 
c. 12. 
in classed towns, 88, s. 17. 
misconduct of, 73, s. 14, p. 79, s. 9. 
penalties upon, 73, s. 14, p. 99, s. 9. 
See General Election Penalties 
(465), and Town Meetings, post. 
MOIETY OF FINES to prosecutor, 100, 

s. 13. 
MONEY, appropriation of, 8, 9, s. 4 and 
notes, 
deposited out of the state, 194 (3), p. 

195, s. 8 (1). 
taxable, 193, s. 5. 
MONTHS defined, 2, p. 8. 
MONTHLY PAYMENTS by collector, 
15, s. 24. 
reports by collector, 109, s. 19 (1). 
statements by treasurer, 15, s. 24. 
MONUMENTS IN CEMETERIES, 4, s. 11. 
in fencing, 131, s. 2 (1). 
in laying out roads, 264, s. 33 (a), 
on town line, 31, c. 6. 
removing, penalty, 35, s. 15. 
MORTGAGE, record of, 104 (b). 
MORTGAGEE defined, 23, s. 16. 

claiming land damages, 254, s. 3 (a). 
notice to, 254, s. 3 (a). 
MORTGAGOR defined, 31, s. 16. 

claiming land damages, 254, 8. 3 (a). 

notice to, 254, s. 3 (a). 

taxed as sole owner, 195, s. 8 (1). 



MOVING BUILDINGS. 



479 NUISANCES INJURIOUS, ETC. 



MOVING BUILDINGS, 299, s. 1 (a). 
MUTILATING GRAVES, etc., 41, s. 11. 
NAME, refusal to give, 211, ss. 12, 13. 

giving false name, 99, s. 8, p. 211, 

s. 12. 
mistake in, 198, s. 9 (1), p. 236, s. 19 (1). 
of candidate in full, 71, s. 4. 
NAPHTHA, 395, c. 63. See Explosive 

Illuminating Oils, ante, 461. 
NATIVE CITIZENS, 61, s. 8 (a). 
Indians are not, 61, s. 8 (a). 
NATURALIZATION, 61, s.8. 
at what time. 69, s. 38. 
children, 61. s. 8(b). 
court for, 69, s. 37. 
father, 61, s. 8 (c), (d). 
husband, 61, s. 8 (c), (d). 
minors, 61, s. 8 (b). 
mother, 61, s. 8 (c), (d). 
notice, 69, s. 39. 
widow, 61, s. 8 (c), (d). 
wife, 61, s. 8 (c). (d). 
NAVIGABLE WATERS. 256, s. 10 (1). 
NECESSARY CHARGES, 8, s. 4. 

defined, 9, s.4^2). 
NECESSARIES, implied promise for, 351, 
s. 6 (l),s. 7 (1). 
to whom furnished, 351, s. 6 (1), s. 
7 (1), p. 364, s. 2. See Furnishing 
Relief etc , ante, 464. 
NEGLECT OF CORPORATE DUTY, 
8, s. 3 (c). 
of traveller, 257, s. 13 (2). See Spec- 
ial Damage, etc.. post. 
NEGLIGENCE of plaintiff, 324, ss. 20, 21, 
and notes, 
of railroads, 307, c. 49, p. 327, s. 25. 
of surveyors, 8 (b), p. 283, c. 45, p. 

294, ss. 24, 26, 27. 
of town agents, 8 (b). 
of towns, 8 (c), p. 296, c. 46, p. 317, 

c. 51. 
when not contributing to injury, 324, 
s. 2D (2), (c). 
NEW PROMISE by guardian, 351, 3. 6 (1). 

by ward, 351, s. 6 (1). 
NIGHT-WALKERS, 428, ss. 19-23. 
NIGHT WATCH, 428, s. 17. 
NITRO-GLYCERINE, 894, a. 11. 
NOX COMPOS, 3, s. 16, p. 348, c. 55. 
NOTICE AND FORMS. 

by contestants of election, 91, s. 1. 
by fence-viewers, 136, s. 14. 
by guardians, 350, s. 5. 
by publication, 4, s. 30. 
by selectmen to traveller, 319, s. 8. 
by supervisors, 56, 8. 4. 
for appraisal of damages, 383, s. 7 (b). 
for inquisition, 349 (b). 
for laying out cemeteries, 38 (1). 
for laying out roads, 254, ss. 1-7, p. 
261, s. 25, p. 264, s 34, p. 271, s. 3, 
p. 273, s. 10. 
for license to companies, 315, s. 

4 (1;. 
for tax sales, 229, ss. 4-6, p. 230, a. 9, 

p. 233, s. 16, p. 238, s. 4. 
for town-meeting, 44, c. 9. 
in pauper cases, 370-373. 
not to sell to drunkard, 406. 
of appeal, 158, s. 5, p. 271, s. 3. 
of application for contribution, 328, 
s. 3. 



NOTICE AND FORMS— continued. 

of application for relief, 367, 378, S3. 

12, 13. 
of drawing jurors, 127, ss. 9, 15. 
of hearing before town officers, 

118-122. 
of injury to travellers, 318, s. 7, p. 

319, ss. 8, 9. 
of ill-usage of minors, 331, s. 7 (1). 
of intention to tax, 200, s. 15, p. 201, 

s.18. 
of pauper suit, 370, s. 4, p. 374, s. 1. 
of suit to town-clerk, 328, ss. 3, 4. 
of tax before collection, 229, ss. 4-6. 
of tax sale redemption, 237, s. 2, p. 

241, s. 14. 
to bring in inventory, 206-210. 
to guardians, 118, s. 2. 
to one responsible, of suit, for ob- 
structions, 321, s. 10 (1), (a). 
to remove incumbrances, 299, a. 4. 
to remove nuisances, 411, ss. 4, 7. 
to selectmen, of executions, 17, s. 2. 
to surveyor, of suits for obstructions, 

321, s. 10 (1), (a), 
to take official oath, 111, ss. 26, 27. 
to work out taxes, 288, s. 8. 
waiver of notice, 38 (b), p. 119, s. 4, 

p. 144, s. 4 (1), p. 262, s. 25 (1), (2), 

p. 267 (1). 
NOVEMBER ELECTION, 2, s. 7, p. 83, c. 

14, p. 93, c. 16, p. 96, c. 17. 
NUISANCES INJURIOUS TO HEALTH, 

409, c. 66. 
annual report of health officers, 414, 

s. 14. 
appointment of health officers, 409, 

s.l(l). 
assistants, employment of, 411, s. 5. 
compensation of health officers, 414, 

s. 14. 
drains and sewers, 412, ss. 9, 10. 
dwelling-houses protected, 413, s. 13. 
expense of removing nuisances 411, 

s. 8. 
forcible entry into buildings, 411, s. 4. 
forty feet limit, 413, s. 13. 
health officers, appointment of, 409, 

a.l(l). 
compensation, 414, s. 14. 
duties, 409-414, ss. 3, 4, 7, 11, 16. 
powers of sheriff, 411, ss. 4-6. 
land for drainage, 414, s. 15. 
leaving nuisances, 412, ss. 9, 10, 11. 
notice to remove nuisances, 411, s. 4. 
form of, 411, s. 4 (a). 
when unnecessary, 411, s. 7. 
occupant's liability, 411, ss. 4, 8. 
owner's liability, 411, ss. 4, 8. 
penalties upon offenders, 410, s. 2, 

p. 411, ss. 6, 8, p. 412, s. 13. 
pig-sties, within what limit, 413, s. 13. 
posting regulations, 409, s. 1. 
privies, within what limit, 413, s. 13. 
how constructed, 412, ss. 9, 10, p. 
413, s. 13. 
publishing regulations, 409, s. 1. 
regulations, and form of, 409, s. 1 

and notes, 
by state board, 410, s. 1 (b). 
resisting health officers, 411, s. 6. 
search-warrant for nuisances, 410,s. 

3 and notes. 



NUISANCES INJURIOUS, ETC. 480 



PAUPER DEFINED. 



NUISANCES INJURIOUS TO HEALTH 
— continued. 

selectmen as health officers, 409, s. 
1(1). 
approving regulations, 410, s. 1 

(a). 
furnishing supplies, 414, s. 14. 
sewers and drains, 412, ss. 9, 10. 
shops protected, 413, s. 13. 
sink water, 412, ss. 9, 10. 
slaughter-houses, 413, s. 12. 
state hoard of health, 410, s. 1 (b), p. 

414, s. 16. 
suit for expenses, 412, s. 8. 
vaults, location and construction of, 
412. s. 9, p. 413, s. 13. 
OATH OR AFFIRMATION, 3, s. 23. 
of office, 4, s. 24. 

before whom, 116, ss. 24, 27. 
form of, 111, s. 25. 

neglect to take, penalty, 112, 

s. 29. 
notice by clerk, 111, s. 27, p. 
112 (a). 
in open meeting, 111, s. 
26. 
record of, 79 (3), p. 84 (3), p. 
110 (3), p. 113, s. 31. 
to account of property, 210, ss. 

9,10. 
to check-list, 57, s. 7. 
to invoice, 213, s. 23. 
OBSCENITY, 417, s. 2,p.420, s. 17, p. 450, xii. 
OCCUPANT, taxation to, 199, s. 12 (1). 
liability to nuisances, 411, ss. 4-8. 
OFFENCES AGAINST THE POLICE 
OF TOWNS, 417, c. 68. 

abusive talk to travellers, 417, s. 1. 
bathing in exposed places, 418, s. 6. 
beating drums, 418, s. 5. 
beggars and tramps, 420, 421, ss. 17, 

18. 
binding out to labor, 421, s. 18, p. 422, 

s. 22. 
blocking up streets, 418, s. 7. 
bonfires without license, 418, s. 5. 
boxes, casks, crates, tubs, 418, s. 7. 
brawls in public places, 417, s. 1. 
common brawlers, 420, 421, ss. 
17, 18. 
buildings and fences protected, 418, 

s. 3. 
calling names to travellers, 417, s. 1. 
carriages unattended, 420, s. 15. 
carts and sleds, without drivers, 415, 

s. 7, p. 420, s. 15. 
climbing over fences, 418, s. 3. 
common brawlers and drunkards, 

420, 421, ss. 17, 18. 
concert saloons, 422, s. 23. 
corrupt literature, distribution of, 

421, ss. 19-21. 
dance-houses, 422, s. 23. 
dirt and rubbish, 418, s. 7. 
discharging rockets, etc., 418, s. 5. 
false cry of fire, 418, s. 5. 

fast driving, 420, s. 14. 
fire-crackers, 418, s. 5. 
firing guns and pistols, 418, s. 5. 
fortune-tellers, 420, s. 17. 
friction matches, 418, s. 5. 
fruits and vegetables protected, 418, 
s. 3. 



OFFENCES AGAINST THE POLICE 
OF TOWNS— continued. 

handbills of police reports, etc., 421, 

ss. 19-21. 
hooting at passers-by, 417, s. 1. 
house of correction, 421, ss. 17, 18. 
interrupting passers-by, 417, s. 1. 
juggling and unlawful plays, 418, s. 4. 
littering streets, 418, s. 7. 
lumber for buildings, 418, ss. 7, 8. 
license for, 419, s. 8. 

does not protect holder, 301, 

s. 7(1). 
to be recorded, 419, s. 9. 
minors distributing criminal news, 

421, ss. 19-21. 
minors under fourteen, 336, 337, ss. 

17, 18. 
night-walkers and pilferers, 420, s. 17. 
obscene words, songs, etc., 417, s. 2. 
palmistry and physiognomy, 420,3. 

17. 
police reports and criminal news, 

421, ss. 19-21. 
posters of police reports, etc., 421, ss. 

19-21. 
profane or obscene words, 417, s. 2. 
saloons not to admit minors, 422, a. 

23. 
shrubs and trees in gardens, 418, s. 3. 
sleds and carts without drivers, 420, 

s. 15. 
snowballing, 417, 9. 1. 
spiritualistic mediums, 420, ss. 17, 18. 
trees and shrubs protected, 418, s. 3. 
tramps and vagabonds, 420, 421, ss. 

17, 18. 
wood and lumber, 418, 419, ss. 7-9. 
wheelbarrows and drags, 418, s. 7. 
OFFICER de facto, 246, xii. 
OFFICERS, assault upon, 74, s. 19. 
contracts of, 7, s. 3 (a). 
exemption of, 113, s. 32. 
indemnity to, 8, s. 3 (e). 
negligence and torts of, 8, s. 3 (b). 
OFFICIAL BOND, 115-117. 
seal, 2, s. 10. 
title, 4, s. 29. 
OLD METALS, dealers in, 103 (h). 
ORDER OF DEBATE, 101, s. 15. 

of notice, 121, s. 9. 
OVERSEERS, choice of, 107, s. 10. 
authority and duty, 363, c. 57. 
selectmen as such, 107, s. 10, p. 364, 
s. 3, p. 367, s. 12. 
PARADE GROUND, 302, ss. 9, 10. 
PARENTAL NEGLECT, 336, s. 16. See 
Furnishing Supplies, Guardian- 
ship, etc. (466) , and Suits for Sup- 
plies, etc.^os^. 
PARISHES AS TOWNS, 7, s. 2. 
PARKS AND COMMONS, 37, c. 7. 
discontinuing, 39, ss. 3. 4. 
laying out, 37, s. 2. 
ornamenting and improving, 40, s. 6. 
purchasing, 37, s. 2, p. 40, s. 5. 
regulations for, 40, s. 6. 
voting for or against, required, 39, 

s. 4. 
what per centage on valuation, 40, 
s. 5. 
PART REDEMPTION, 241, s. 13. 
PAUPER DEFINED, 363, s. 1 (a). 



PAUPER DEFINED. 



481 



POLICE COURT. 



PAUPER DEFINED— continued. 
burial of, 366, s. 10. 
cannot vote, 59, 60. 
county, 374, c. 59. 
giving spirit to, 365, s. 8 (d). 
indemnity against, 377, ss. 9-12. 
labor of, 365. s. 8 and notes, 
legacy to, 365, s. 8 (b). 
purchases of, 365, s. 8(c). 
residence of, 62, s. 13. 
settlement, 356, c. 56. 
spirit for, 365, s. 8 (d). 
support of, 356-380. See also County 
Paupers, Furnishing Supplies, In- 
sane Persons, and Spendthrifts, 
ante, Settlement of Paupers, and 
Suits for Supplies, post. 
PAYMENT OF LAND DAMAGES and 
costs, 277, c. 43. 
acceptance of report before assess- 
ment, 278, s. 4 (a). 
action for land damages, 278, s. 7. 
interest, allowance of, 279, s. 7. 
when indemnity necessary, 279, 

s. 8. 
when prematurely brought, 279, 
s. 7(2). 
agents for making roads, 278, s. 6. 
apportionment between towns, 277, 

s. 1. 
bond of indemnity to town, 279 (a). 
commissioners to apportion, 277, 278, 

ss. 1, 2. 
costs of laying out, by whom paid, 

277, s. 2. 
county, payment by, if not in any 
town, 277, s. 2. 
if burdensome, 277, s. 3. 
court ordering county to pay, 277, s. 3. 

petition to, 278, s. 3 (1). 
debt for land damages, 278, 279, ss. 7, 

8, and notes, 
discontinuance, damages after, 279, 

s. 9. 
execution for land damages, 279, s. 

7 (1). 
indemnity to town, when ordered, 
279, s. 8. 
form of, 279 (a). 
insane, damages to, 278, s. 5. 
jury trial for damages, 278, s. 4 (a). 
land damages, payment of, 277, s. 1. 
limitation to six months, 279, s. 9. 
minors, damages to, 278, s. 5. 
non-resident owners, 278, s. 5. 
pavment before appropriation of 
land, 278, ss. 5, 6. 
when unnecessary, 378, ss. 5, 6. 
where jury trial claimed, 278, s. 
4*a). 
payment by town if public, 277, s. 1. 

or good cause shewn, 277, s. 1. 
payment of costs of laying, 277, s. 2. 
by individuals, 277, s. 1. 
when burden-ome, 277, s. 1 (1). 
petition for county aid, 277, s. 3. 
assigning, 278, s. 3 (1). 
form of, 278, s. 3 (a). 
tender before appropriation of land, 
278,s.4. 
excepted cases, 278, ss. 5, 6. 
must be taken in full, 278, s. 4 (1). 
subsequent refusal, 278, s. 4 (1). 

22 



PAYMENT OF LAND DAMAGES and 

costs— continued. 

town to pay if public, 277, s. 1. 

or if burdensome, 277, s. 1 (1). 
two or more towns, 277, s. 2. 
when county shall aid, 277, 278, ss. 
2 3 
PECUNIARY INTEREST not disqualify- 
ing voter, 60, s. 1 (2). 
PEDDLERS and transient traders, 103 (g), 

p. 196, s. 12. 
PEDDLING GUNPOWDER, 393, s. 7. 
PEMIGEWASSET RIVER, 31, s. 1 (1). 
PENALTIES unaffected by repeal, 5, s. 
34. 
for encroaching on public grounds, 

302, ss. 8, 10. 
in perambulation, 32, s. 5. 
to by-laws, 9, s. 5. 
town suing for, 102 (d). 
when no other specified, 100, s. 14. 
PERAMBULATION, 31, c. 6. See Town 

Lines, post. 
PERJURY IN CHECK-LIST, 57, s. 7. 

in invoices and returns, 210, s. 7 (1), 
ss. 9 10. 
PERSON' DEFINED, 2, s. 7. 
PERSONAL ESTATE of towns, 7, s. 3. 
PERSONAL MORTGAGES, record of, 
106 (c). 
in unincorporated places, 106 (c). 
mortgagee residing out of state, 106, 
(c). 
PESTILENTIAL DISEASES, 414, c. 67. 
agent for vaccination, 414, s. 1. 
bond to county treasurer, 416, s. 5. 
bringing in infectious matter, 415, 

s. 4. 
certificate of health, 415, s. 5. 

leaving without, penalty, 415, s. 
6. 
county commissioners may license, 

416, s. 5. 
leaving without certificate, penalty, 

416, s. 6. 
licensing for inoculation, 416, s. 5. 
malignant cholera, 415, s. 3. 
pest-house, 415, s. 2. 
physicians to report cases, 415, s. 3. 
quarantine, 416, s. 8. 
regulations for pest-house, 415, s. 2. 
remaining at home, 416, s. 7. 
removing patients, 415, s. 2. 
small-pox vaccination forbidden, 415, 
s. 4. 
unless licensed, 416, s. 5. 
vaccination at town's expense, 414, 
s. 1. 
PETROLEUM, 395, c. 63. See Explosive 

Illuminating Oils, ante. 
PEWS, appraisal of, 16, s. 27. 

rights of owners in, 16, s. 26. 
PHARMACIST, 406, s. 27. 
PHYSICIANS, blanks for, 170, s. 13. 

reporting infection, 415, s. 3. See 
Pestilential Diseases, ante. 
PLACE defined, 4, s. 27. 
PLANK, thickness of, 173, s. 15. 

purchase of, for roads, 290, s. 16. 
PLATFORM SCALES, 180, s. 8. 
PLURAL defined, 70, s. 3. 
PLURALITY, choice by, 90, ss. 24, 25. 
POLICE COURT, 2, s. 11. 



POLICE COURT. 



482 



PRESIDENTIAL ELECTORS. 



POLICE COURT— continued. 

officers, 424, c. 70. See Special Po- 
lice and Night Watchmen, post. 
of towns, 417, c. 68. See Offences 

Against Police of Towns, ante. 
reports, 421, ss. 19-21. 
POLL TAX, no lien for, 199, s. 11 (1). 
POLLING THE HOUSE, 73, s. 13. 
penalty for refusing, 73, s. 14. 
POOL TABLES, 408, s. 5. See Shows and 

Exhibitions, post. 
POOR-FARM, 864, 365, ss. 6-8. 
POOR, support of, 8, s. 4, pp. 356-384. See 

Paupers, ante. 
POSSESSION, evidence of title, 224, s. 2 

(b). 
POSTING CHECK-LISTS, 55, c. 10. See 
Check-Lists, ante. 
notice for tax sales, 230. s. 9, p. 233, s. 
16, p. 238, s. 4. See Collection of 
Resident Taxes and Collection of 
Non-Resident Taxes, ante. 
warrant, 45, s. 4. See Warning Town- 
Meetings, post. 
POUNDS, etc.. 142, c. 25. See Impound- 
ing, ante. 
POWDER MAGAZINE, 394, a. 9. See 
Gunpowder and Nitro-Glycerine, 
ante. 
POWERS AND DUTIES of towns, 7, c. 1. 
POWERS OF CITY COUNCILS, 446, c. 76. 
accountability for city funds, 447, 8.6. 
aldermen ineligible to offices of prof- 
it, 446, s. 2. 
annual financial reports, 447, s. 7. 
appeals to supreme court, 457, s. 14. 
assessors of taxes, 447, s. 4. 
authority of towns vested in, 446, s. 1. 
board of assessors, 447, s. 4. 

of health, 448, s. 9. 
by-laws and ordinances (448, s. 10). 
for abating and preventing nui- 
sances, 450, xiii. 
abuttors on sidewalks, 449, vii. 
bathing and swimming, 450, xii, 
beggars and tramps, 450, xii. 
boats, cars, carriages, and stages, 

449, vi. 

butchers and slaughter-houses, 

450, xiii. 

candles, lights, and matches, 450, 

viii. 
carriages and stages, 449, vi. 
cattle, sheep, and swine, 450, ix. 
cemeteries and interments, 451, 

xiv. 
cruelty to animals, 449, ri. 
disorderly houses, 448, iii. 
erection of buildings, 450, viii. 
fires and their prevention, 450, 

viii, p. 451, xiv. 
gambling and disorderly houses, 

448, iii. 

grade of streets, 451, xiv. 
gunpowder and other explosives, 

449, viii. 

horse-racing and fast driving, 

449, ri. 
intoxicating liquors, 448, iv. 
keeping dogs, 450, x. 
markets, 450, xi. 
military companies and parades, 

451, xiv. 



POWERS AND DUTIES of cities— con. 
nuisances of whatever descrip- 
tion, 450, xiii. 
oaths and bonds of officers, 451, 

xiv. 
police of city, 448, ii. 
protection of property, 451, xiv. 
public cisterns, pumps, and wells, 

451, xiv. 
reservoirs, 451, xiv. 
riots and disturbances, 448, ii. 
selling and measuring wood, 450, 

xi. 
sewers and drains, 450, xiii. 
sheep and swine, 450, ix 
shows and exhibitions, 449, v. 
sidewalks and streets, 451, xiv. 
to carry into effect all other pow- 
ers, 448, i, p. 451, xiv. 
tramps and vagabonds, 450, xii. 
weighing merchandise, 450, xi. 
city property, care, 447, s. 5. 

treasurer, 446. s 3. 
complaint, requisites of, 452, s. 13. 
concurrent vote, 446, s. 1. 
councilmen ineligible to offices of 

profit, 446, s. 2. 
custody of city funds, 447, s. 6. 
disbursement of money, 447, s. 6. 
drains and sewers, 447, s. 8. 
financial report, 447, s. 7. 
fines for use of the city, 452, s. 12. 
general revision of ordinances, 452, 

s. 11. 
ineligibility to offices of profit, 446, 

s. 2. 
joint convention, 446, s. 3. 
leasing city property, 447, s. 5. 
necessary officers, appointment of, 

446, s. 2. 
negative vote of each board, 446, 560, 

s. 1. 
ordinances not to contravene laws, 

451, s. 14. 

overseers of the poor, 247, s. 4. 
police court, 452, s. 12. 
public squares and streets, 447, s. 5. 
publishing by-laws and ordinances, 

452, s. 11. 

purchasing property, 447, s. 5. 

school committee, 447, s. 4. 

selling city property, 447, s. 5. 

sewers and drains, 448, s. 8, p. 450, 
xiii. 

subordinate officers, 447, ss. 3, 4. 

supreme court, appeal to, 452, g. 
14. 

vacancies in offices filled, 447, s. 4. 
PRECEDING, 2, s. 12. 
PRELIMINARY CHAPTER, 1. 
PRESCRIPTION, fence by, 131, s. 3. 

highways, 

public rights not lost, 302, s. 9. 

town line, 33 (b). 
PRESERVATION OF ORDER, 74, 75. 
PRESIDENTIAL ELECTORS, 96, c. IT. 

canvass of votes, 96, s. 4 

filling of vacancies, 97, s. 7. 

meetings for choice of, 96, s. 1. 

meeting of electors, 97, s. 6. 

notice of election, 97, s. 5. 

receipt for, 96, s. 3. 

return of votes, 96, s. 2. 



PRESIDENTIAL ELECTORS. 



483 



REFERENCE, ETC. 



PRESIDENTIAL ELECTORS— con. 

voting first Wednesday in December, 
97, s. 8. 
PRINTING. 3, s. 22. 
PRISON CHARGES, 363, s. 1 (b). 
PRIVATE ROADS, 253, s. 1, p. 256, ss. 
12-15. See Highways Laid Out by 
Selectmen, 470. 
PROHIBITED DEGREES of relation- 
ship, 166, s. 1. 
PROPRIETARY RECORDS, 29, c. 5. 
PROVISIONS, sale of, 17S, ss. 32, 33. See 

Inspectors and Surveyors, ante. 
PRONIMATE CAUSE of injury, 323, s. 19 

and notes. 
PUBLIC GROUNDS protected, 302, ss. 
9, 10. 
documents, distribution of, 13, s. 17. 
PUBLICATION DEFINED, 4, s. 30. 
PUBLIC LANDING. 280 (f). 
PUBLIC LIBRARIES, 42, c. S. 
agents of, 42, s. 1. 
gitts for, 43, s. 3. 
officers, 42, s. 1. 
laws furnished to, 43, s. 4. 
money for, 42, s. 1. 
protection to, 43, s. 5. 
public documents to, 43, s. 4. 
PUBLISHING defined, 4, s. 30. 
PUBLIC PLACE. 46. s. 13 1 c), p. 238, s. 5 (1). 
PURITY OF ELECTIONS ACT, 76. 
QUAKER MARRIAGES, 166, s. 6. 
QUARANTINE, 416, s. 8. See Pestilential 

Diseases, ante, 481. 
QUOTA^OF MILITIA, 22, s. 8. 
RAFTING AND BOATING, 255, s. 10. 
RAILING, when necessary, 323, s. 18. 
RAILROADS AND STOCK, 195, s, 9. 
RAILROAD COMMISSIONERS, 308, s. 5 

(1). 
RAILROAD CROSSINGS, 307, c. 49. 
alterations, land for, 309, s. 19. 
altering course of highways, 312, ss. 

26, 27. 
appeal by railroad, 308, s. 5. 
article in warrant for crossings, 307, 

s. 2 (l),p. 308,s. 3 (1). 
article in warrant for depot, 310, s. 

14 (1). 
assessment of land damages, 309, ss. 

9-11. 
bridges at crossings, 307, 308, ss. 2, 3, 

p. 314, s. 25. 
bridges oyer highways, 307, ss. 2, 3. 
cars and engines, obstructions by, 

311,312, ss. 25-27. 
cattle-passes, 307, s. 1, p. 313, s. 29. 
commissioners ordering changes, 

308-313. 
damage from gate, pass, or bridge, 

309, ss. 10, 11. 
damages, payment of, 309, ss. 9-11, p. 

313, s. 31. 
depots and stopping-places, 310, ss. 

(14, 15. 
executions for damages and costs, 
309, s. 12. 
fences maintained, 313, s. 28. 
fines for non-compliance, 310, ss. 
13-15. 
five minutes' obstruction, 311, s. 25. 
forfeitures for non-compliance, 308, 
s. 4, p. 310, S9. 13-15. 






RAILROAD CROSSINGS— continued. 
gates or flagmen, 311, s. 22. 

may be required, 307, s. 1, p. 308, 

s. 3. 
appeal from order. 308, ss. 5-7. 
leave to put up, 309, ss. 8-12. 
injunction against using highway, 

309, s. 13. 
jury assessing damages, 309, s. 11. 
laud for crossings, 309, ss. 9-11. 
license for shifting cars, 310, ss. 17-19. 
neglect to construct as ordered, 308, 

s. 4. 
notice by selectmen to build, 307, s, 4. 
before granting license, 319, s. 18. 
order of court upou appeal, 309, s. 7. 
passes under highways, 307, 308. 
pavment of damages, 309, ss. 9-11, p. 

313, s. 31. 
private crossing, 307, s. 1, p. 313, s. 29. 
raising and lowering highways, 312, 

ss. 26, 27. 
shifting cars, 310-312. 
sounding whistles, 311, s. 23. 
speed of running cars, 310, s. 16. 
stopping-places and depots, 310, ss. 

14, 15. 
towns' liability to travellers, 307, s. 1 
(1). 
requiring bridges, etc., 307, 308. 
traveller's claim upon towns, 307, s. 

Kl). 
two minutes' detention, 311, s. 19. 
votes for bridges, gates, etc., 307-310. 
warning signals", 311, ss. 20. 21. 
RAILROAD DAMAGES filed with clerk, 

102(b), 106(e). 
RAILRO \D LANDS, 193, s. 5. 

taxation of, 193, ss. 5, 6, p. 195, s. 9. 
RAILROAD PASSENGERS, 427, 428. 

not to be put off between stations, 

428, ss. 8-15. 
when disorderly, 227, 228. 
RAILROAD POLICE, 427, 428. 
RAILROAD SHARES, 221-223. 

disagreement in returns, 222, s. 29. 
distribution among towns, 223 (b). 
inventory, 222, s. 40. 
statement to treasurer, 222, s. 41. 
RAILROAD STOCK of towns, 12, s. 13. 
REAL ESTATE defined, 3, s. 20. 
REASONABLE USE, question of fact, 

" 317, s. 1(1). 
RECEIPTS for election returns, 85, s 4. 
RECEIVING-TOMBS, 41, s. 10. 
RECOGNIZANCE, form of, 310, s. 2 (1). 
before another justice, 346, s. 16. 
suit upon, 347, s. 6 (1). 
when formal defect disregarded, 347, 

s. 16 a). 

RECORDING OF FINAL ORDER, 119, 

s. 4, p. 125 (c). 
RECORD, if destroyed, proof of, 240 (2). 

of final order, 178, s. 4. 

of sale of liquors, 400, s. 5. 

of March meeting, 77, c. 13, ss. 1, 2, 
and notes. 

of biennial meeting, 80 (a). 

of town-clerk, sufficiency of, 80 s. 2(4). 
REDEMPTION from tax sales, 240, 241. 
REDUCED VALUATION, 215, s. 28. 
REFERENCE TO COMMISSIONERS, 

272, s. 5. 



REFERRING TOWN MATTERS. 484 REWARDS BY SELECTMEN. 



REFERRING town matters, 102, s. 1 (a). 
REGISTER OF DEEDS, 89, s. 20. 
REGULATING CHECK-LIST, 55, c. 10. 
See Supervisors of Check-List, 492. 
REGULATIONS, forms of, 384 (a), 401 (a). 

of police, 425, s. 6. 
RELEASING TOWN DEBTS, 102 (a). 

witnesses, 102, s. 1 (a). 
RELIGIOUS MEETINGS, 432. 
REMAINS, removal of, 39, s. 3. 

by three-fourths vote, 40, s. 4. 
REMEDY OVER by towns, 301, s. 7, p. 321, 

s. 10. 
REMOVALS FROM OFFICE, 114, s. 1, p. 
116, s. 9. 
from town, vacancy from, 113, s. 1. 
REMOVAL OF COUNTY OFFICERS for 

misconduct, 90, ss. 26, 27. 
REMOVING DISTURBERS of town- 
meeting, 74, ss. 16, 17. 
REMOVING OBSTRUCTIONS FROM 
HIGHWAYS, 298, c. 47. 

account of sale and costs, 299, s. 3. 
adverse user inoperative, 302, s. 9. 
when deemed a nuisance, 302, s. 11. 
awnings and signs, 302, s. 12. 
balance from sales, 299, s. 3. 

when sale insufficient, 301, s. 6. 
buildings encroaching, 302, s. 11 (a). 
moved through streets, 298, s. 
1(1). 
church lots, protection of, 302, ss. 9, 

10. 
complaint for not removing, 299, s. 4. 

form of, 300, s. 4(b). 
evidence of limits of road, 302, s. 11 

(a). 
fencing no bar to public, 302, ss. 8, 9. 
when deemed a nuisance, 302, s. 11. 
flooding highways, 303, s. 15. 
four days' notice for sale, 299, s. 2. 
gates, license to erect, 303, s. 13. 
form of, 302, s. 13 (1). 
petition to court on appeal, 303, 
s. 14. 
liability over to town, 301, s. 7. 
lien for costs and removal, 298, s. 1. 
lumber encumbering road, 298-300, 

ss. 1-6. 
moving buildings, 298, s. 1 (1). 
notice for sale, 299, s. 2. 

to remove, 299, s. 4 (a) . 
nuisances, removal of, 298, c. 47. 
penalties for, 302, s. 11. 
public buildings, 302, s. 12. 
signs over streets, 302, s. 12. 
watch-house, 302, s. 12. 
when traveller may remove, 298, 
s. 1(1). 
order of notice, 300, s. 5. 
form of, 300, s. 4 (c). 
obstructions, when nuisances, 300, ss. 

11, 12. 
penalty for fencing out the public, 
302, ss. 10, 11. 
from church lots, 302, ss. 9, 10. 
from highways, 302, ss. 8, 10. 
from parade ground, 302, ss. 9, 10. 
from public grounds, 302, ss. 9, 10. 
from school-house lots, 302, ss. 9, 

10. 
from town-houses, 302, ss. 9, 10. 
police regulations, 302, ss. 11, 12. 
posting notices, 299, s. 2. 



REMOVING OBSTRUCTIONS FROM 
HIGHWAYS— con tinned . 

prescription, protection against, 302, 

s. 11. 

public grounds, protection of, 302, 
s. 9. 

public places, posting in, 299, s. 2 (2). 

school-house lot, protection of, 302, 
ss. 9, 11. 

selling for expenses, 299, s. 2, p. 300, 
s. 5. 
as collectors may do, 300, s. 6. 

service of notice, 300, s. 4 (c). 

signs over streets, 302, ss. 11, 12. 

stones encumbering road, 298, s. 1. 

suit by town for incumbrances, 298, 
s.l(l). 

surveyor, duties of, 298-302, ss. 1-6. 

timber and stone encumbering high- 
way, 298-302, ss. 1-6. 

town-house, fencing in, 302, ss. 9, 10. 

towns, remedy over by, 301, s. 7. 
suing for incumbrances, 298, s. 
1 (1). 

traveller's right to remove, 298, s. 1 

warrant of justice, 300, s. 5. 

form of, 300, s. 5 (a),(b). 
watch-houses over streets, 302, ss. 11, 

12. 
what may be removed, 298, s. 1 (1). 
anything for which town is lia- 
ble, 298, s. 1 (1). 
REMOVING LANDMARKS, 35, s. 15 
REMOVING BOUNDS, 36(1). 
RENTING PURPOSES, tax for, 9, s. 4 (2). 
REPAIRING MILLS, 160, c. 27. 
REPEALED ACT not revised, 5, s. 35. . 
REPEAL, effect of, 5, s. 33. 
REPLEVIN for cattle, 143 (a). 
REPRESENTATIVES, election of, 86, 
s. 7. 
in classed towns, 87, ss. 11-13. 
return of votes, 86, ss. 7, 8. 
six hundred for one, 86, s. 9. 
vacancies how filled, 86, s. 10. 
REPRESENTATIVES IN CONGRESS, 
93, c. 16. 
if no choice, 95, ss. 5-8. 
in first district, 93, s. 1. 
in second district, 94, s. 2. 
meetings for choice of, 94, s. 3. 
plurality elects, 94, s. 4. 
second election, 95, ss. 6, 9. 
votes canvassed, 95, s. 7-9. 
RESCUE, penalty for, 147, s. 15. 
RESERVATIONS in laying out roads, 256, 

s. 12 (1), 296, s. 32. 
RESERVED MILITIA, 20, ss. 2, 3. 
RESERVOIRS for fires, 10, s. 7, p. 388, s. 25. 
RESIDENCE for settlement, 62, s. 13. 
for taxation, 62, s. 13. 
for voting, 62, s. 13. 
RESIGNATION, acceptance of, 114, ss. 
1,3. 
vacancy from, 113, s. 1. 
RESISTANCE TO HEALTH OFFICER, 

411, s. 6. 
RESTAURANTS. See Shows and Exhi- 
bitions. 
RETAKING CATTLE, 147, s. 16. 
BETURN OT ARREST, 232 (2), p. 345 (a). 
REVERSIONER, 212, s. 19, p. 254, s. 5. 
REWARDS by selectmen, 102 (c). 



RIGHTS, ETC., OF VOTERS. 485 



SALE OF LIQUORS. 



RIGHTS AND QUALIFICATIONS of 

voters, 81, c. 11. 
RIOTS, suppression of, 25, c. 4. 

active militia first called out, 26 (a). 
RIVERS, boating and rafting in, 255, s. 10. 
boundaries on, 31, s. 1, 
ownersbip of land under, 267 (2). 
running logs in, 255, s. 10. 
ROBBING GARDENS and yards, 418, s. 3. 
ROCKETS, SQUIBS, etc., 418, s. 5. 
ROCK OIL, 395. See Explosive Illuminat- 
ing Oils. 
ROGUES AND VAGABONDS, 420, s. 17, 

p. 423. 
ROUND TIMBER, survevors of, 173, ss. 

12, 13, 17. 
ROWDYISM at the polls, 74, ss. 15-19, p. 

101, ss. 15, 16. 
RUBBISH IN STREETS, 418, s. 7. 
RULES FOR TOWN-MEETING, 71, s. 3. 
RUNAWAY APPRENTICE, 334, s. 11. 
RUNNING LOGS AND TIMBER. 255, s. 10. 
SAID AND SUCH defined, 2, s. 13, 255, s. 10. 
SALE for taxes, 244, s. 22. 
SALE OF INTOXICATING LIQUORS, 
399, c. 64. 
account of purchase and sales, 400, 

ss. 5, 6. 
adulterating liquor, 402, s. 12. 
advertisements as evidence, 404, s. 19. 
agent of seller, testifying, 405, s. 20. 
agents to make sales', 399, s. 1. 
compensation of, 400, s. 4. 
convict ineligible, 399, s. 1. 
for what purposes, 399, s. 2. 
ineligible persons, 399, s. 1. 
purchases by, on credit, 401 (b). 
regulations for, 400, s. 5. 
report of doings, 400, s. 6. 
sales by, on credit, 401 (b). 
selling illegally, 401, s. 8 and 

notes, 
term of office, 399, s. 1. 
when to be removed, 402, s. 8 
(1), (a). 
ale mixed with liquor, 403, s. 14 (c). 
annual account and report, 400, s. 6. 
appointment of state agent, 402, s. 9. 
bond of, 402. s. 10. 
certificate of, 402, s. II. 
appointment of town agents, 399, s. 1. 
form of, 401, s. 7 (a). 
record of, 401, s. 7 (a). 
who ineligible. 399, s. 1. 
attaching liquors, 403, s. 14 (a). 
bond of state agent, 402, s. 10. 
bottles, exposed, 404, s. 19. 
brother forbidding sales, 406, s. 24. 

and suing seller, 406, s. 25. 
certificate of appointment, 401, s. 7. 
child forbidding sale, 406, ss. 24, 25. 
clerks compelled to testify, 405, ss. 

19, 20. 
common seller, 403, s. 15. 
completed sale or no penalty, 403, s. 

14(d). 
constitutionality of prohibition, 403, 
14(b). 
of compelling testimony, 405, s. 

20 (1). 
of statute rules of evidence, 404, 
ss. 18, 19, and notes, 
credit, purchases on, 401, s. 7 (b). 



SALE OF INTOXICATING LIQUORS- 

continued. 

sales upon, 401, s. 7 (b). 
county solicitor's duties, 405, s. 22. 
delivery prima facie evidence, 404. 
s. 18. 
out of the state, 403, 404, ss. 10,17. 
evidence of sale, 404, ss. 18, 19, and 

notes, 
false statements to agent, 400, s. 3. 
guardian forbidding sale, 406, s. 24. 

and suing seller, 406, s. 25. 
governor to appoint state agent, 402, 

s. 9. 
husband forbidding sale, 406, s. 24. 

and suing seller, 406, s. 25. 
illegal sales by agents, 401, s. 8. 

by others, 393, 404.. 
indictment within one year, 405, s. 23. 
justice exhibiting account to, 400, s..6. 
labels, when evidence, 404, s. 19. 
liquors are property, 403, s. 14 (a). 

illegally sold, penalties, 403-406. 
married women, sales by, 403, s. 14 (e). 

prohibiting sales, 406, ss. 24, 25. 
mechanical purposes, 399, s. 2. 
medicinal purposes, 399, s. 2. 
names of purchasers, record of, 400, 

s.5. 
note of town for purchases, 401, s. 

7 (b). 
notice not to sell. 406, ss. 24, 25, and 

notes. 
oath to agent's account, 400, s. 6. 
one year's limitation, 405, s. 23. 
parents forbidding sales, 406, s. 24. 

and suing seller, 406, s. 25. 
paupers, furnishing liquors to, 406, 

s. 26. 
payment of tax evidence, 405, s. 19. 
penalties upon agents," 401, s. 8. 
for false statement, 400, s. 8. 
upon others, 403, ss. 14, 15, 16. 
where sales forbidden, 406, s. 25. 
pharmacists, 406, 27. 
placards, evidence, 404, s. 19. 
prima facie evidence, what is, 404, 

ss. 18, 19. 
profits on sales, 400, s. 6. 
prohibition constitutional, 403, s. 14 

(b). 
property in liquors, 403, s. 14 (a). 
purchaser's account of, to be kept, 

400, s. 5. 
purchases of state agent, 402, ss. 11, 12. 

upon credit, 401, s. 7 (b). 
reasonable evidence, what is, 404, 

405, ss. 18, 19, 21, and notes, 
receipt for tax, evidence of sales, 

404, s. 19. 
regulations for agents, 401, s. 7 and 

notes, 
removing for misconduct, 402, s. 8 (1). 

form of, 402, s. 8 (a). 
reward, division of, 405, ss. 21, 22. 
runners for orders, 403, 404, ss. 16, 17. 
sacramental purposes, 400, s. 2. 
sales out of state, 404, s. 17 (1). 

to persons forbidden, 406, ss. 24, 

25. 
upon credit, 401, s. 7 (b). 
upon execution, 403, s. 14 (a). 
selectmen to prosecute, 405, s. 21. 



SALE OP LIQUORS. 



486 



SETTLEMENT OF PAUPERS. 



SALE OF INTOXICATING LIQUORS— 

— continued. 

reasonable evidence obtainable, 
405, s. 21 (1). 
selling presumed illegal, 403, s. 14 (a) 
signs, evidence of sale, 404, s. 19. 
sister forbidding sales, 406, s. 24. 

and suing seller, 406, s. 25. 
soliciting orders, 403, s. 16. 

from pi ice to place, 404, s. 17. 
spendthrifts, liquors to, 406, s. 26. 
state agent, appointment of, 402, s. 9. 
notice of appointment, 402, s. 11. 
to give bond, 402, s. 10. 
state not liable, 403, s. 13. 
wife forbidding sales, 406, s. 24. 

and suing seller, 406, s. 25. 
wine for sacramental purposes, 400, 

s. 2. 
witness, compelling to be, 405, s. 20. 
prot-cted from indictm nt, 405, s. 20. 
SALOONS, 408_, ss. 5-8. See Shows and 

Exhibitions. 
SAILORS' home, 62, s 10, p. 65, s. 22. 
SAILORS honorably discharged, 81, s. 2. 
SALOONS, 406, ss. 5, 6, p. 422, s. 23, p 

448, iv. 
SAVINGS-BANKS, tax, 279, s. 2 (1), p 
282, s. 6, p. 284, s. 8 (1). 
upon real estate, 291, ss. 1, 2. 
SCHOOL-DISTRICTS, levies upon, 21 

c. 2. 
SCHOOLS, money votes for, 8, s. 4. 
SCHOOL HOUSE LOT, right to, 450, s. 9 

penalty for fencing in, 450, s. 10. 
SEAL defined, 2, s. 10. 
SEALERS of weights and measures, 178 
c. 30. See Weights and Measures 
post. 
SEARCH WARRANT, 392, s. 2, p. 397, s 

7, p. 410, s. 3, p. 411, ss. 5-7. 
SECOND-HAND ARTICLES, dealers in 

103 (h). 
SECRETARY OF STATE, returns to, 223 
s. 42. 
to furnish blanks for return, 85, s. 6 
to give notice if no return, 85, s. 5. 
to receipt returns, 116, s. 4. 
SECURITY for costs, bond for, 261, s. 24. 
SEIZURE OF GUNPOWDER, 392, s. 2. 
SELECTMEN, choice of, 145, s. 1. 

acts of, when admissions of towns, 

102, s. 1 (a), 
advancing funds to pay debts, 102, s. 

1 (a). 
agreeing upon line, 33, s. 7 (a). 
appointing agents, 102, s. 1 (a). 
assent when presumed, 101, s. 1 (1). 
assessing railroad damages, 102, s. 

1(b). 
authority in general, 101, s. 1 and 

notes, 
borrowing money, 102, s. 1 (a), 
cannot release debtor, 102, s. 1 (a). 
certifying to peddler's license, 103 

(g). 
compromising claims, 102, s. 1 (a), 
duties in general, 101, s. 1 and notes, 
employing counsel, 7, s. 3 (a), p. 8 (d), 

p. 102, s. 1 (a). 
financial account of, 108, ss. 18-20. 
gathering statistics, 102 (f), 170, s. 13. 
giving indemnity, 102, s. 1 (a). 



SELECTMEN, choice of— continued. 
in classed towns, 87, ss. 11-13. 
levies upon, 18, s. 8. 
liability of, 8 (b). 
misconduct of, 8 (b), p. 99, s. 9. 
must not alter line, 32, s. 6 (3). 
neglect of, 8 (b), p. 99, s. 9. 
offering rewards, 102 (c) . 
prosecuting liquor cases, 102 (e). 
referring controversies, 102, s. 1 (a), 
signing each others' names, 101, s. 

1(1). 
suing for penalties, 102 (d). 
to perambulate, 31, c. 6. 
SENATOR, election of, 83, c. 14. 

return of votes, 84, s. 3. 
SERVICE OFWRIT aaainst towns, 13, s.20. 
SETTLEMENT OF PAUPERS, 356, c. 56. 
acts in force since 1840, 356, s. 1 (c). 
admitted us an inhabitant, 356, s. 

1(c). 
agreement for support, 360, s. 8 (a), 
birth, settlement by, 362, s. 15. 
burden of proof of settlement, 356, s. 

2, p. 357, s. 3(d). 
by statute only, 363, s.20. 
change of line, settlement by, 360, 

s. 9. 
children following settlement of 
parents, 357, s. 4. 
born in another state, 358, s. 4 (a). 
divorce, 362, s. 14. 
illegitimate children, 357, s. 4 

and notes, p. 362, s. 15. 
marriage, 357, s. 3 (1), p. 361, s. 11. 
that of father's at death, 358, s. 
4(b). 
when emancipated, 361, s. 12. 
cohabitation and reputation, 357, s. 

3(e). 
construction of statute, 363, s. 20 (1). 
division of town, settlement by, 356, 

s. 1 (d), p. 360, s. 8 and notes, 
divorce, 357, s. 3(c), (f), p. 36.', s. 14. 
emancipation, effect of, 361, s. 12 
and notes, 
what is, 361, s. 12 (b), s. 13 and 
notes, 
evidence of marriage, 357, s. 3 (d), (e). 
of ownership, 358, s. 5 (d). 
of payment, 358, s. 5, p. 359 (f), 
(g), (10, (D- 
father's settlement, when taken, 357, 

358, s. 4 and notes, 
fraudulent payment, 359, s 5 (h). 
four years and payment, 358, s. 5 (a). 
beginning of period, 358, s. 5(a). 
before decree of distribution, 358, 

s. 5 (c). 
freehold interest, 358, s. 5 (d). 
foreigners, 358, s. 5 (1). 
married women, 358, s. 5(1). 
real estate, four years, 358, s. 

5 (b). 
tenancy at will, 358, s. 5 (d). 
what is payment, 359, s. 5 and 
notes, 
freehold interest, 358, s. 5 (d). 
guardian, payment by, 359, s. 5 (i). 
illegality of tax, 359, s. 5 (e). 
illegitimate children, that of mother, 
357, s. 4, p. 358, s. 4 (1). 
not after acquired, 358, s. 4 (1). 



SETTLEMENT OF PAUPERS. 



487 



SPECIAL DAMAGE, ETC. 



SETTLEMENT OF PAUPERS— con. 

subsequent marriage of parents, 
362, s. 16. 
incorporation, settlement by, 359, s. 

6 and notes, 
insane and non compos, 359, s. 5 (i). 
legislative authority, 356, s. 2 (a). 
marriage changing settlement, 356, 
s. 3. 
age of consent, 357, s. 3 (b). 
between paupers, 357, s. 3 (a). 
burden of proof, 357, s 3 (d). 
evidence of, 357, s. 3 (d), (e). 
fraudulent, 357, 8. 3 (a). 
minors, 357, s. 3 (g). 
out of the state, 357, s. 3 (b). 
marriage after divorce, 362, s. 

W (1). 
married women, 356, s. 3, p. 358, s. 5 
(1), p. 359 (i). 
abandonment or separation, 357, 

s. 3 (c). 
divorce, 357, s. 3 (c), (f). 
fraud, 357 (a). 
gaining in own right, 356, s. 2, p. 

a58, s. 5 (1). 
out of the state, 357 (b). 
partially gained before repeal, 362, 

s. 19. 
parting with title, 358, s. 5 (a). 
panper cannot gain settlement, 362, 
s. 17. 
who is, 362, s. 7 (1). 
payment of tax, what is, 359, s. 5 (f ), 

(g). (h). 
after what time, 358, s. 5 (a). 
evidence of, 358, 359, s. 5 and 

notes, 
if fraudulent, 359, s. 5 (g), (h). 
pending suits not affected by repeal, 

356, s. 1 (b). 
personal, four years, 358, g. 5 (b). 
personal support, contract for, 358, 

8. 5 (c). 
possession as evidence of title, 358, s. 

5(d). 
real estate, what is, 358, s. 5 (d), p. 

362, s. 18. 
repeal of statute, effect of, 362, s. 19. 
seven years and payment, 360, s. 10 (2). 
continued residence, 360, s. 10 (2). 
estoppel upon town, 360, s. 10(1). 
illegality of tax, 361, s. 10 (4). 
interruption by repeal, 362, s. 19. 
legal residence requisite, 360, s. 

10 (1). 
omitting to tax, 360, s. 10 (2). 
on another's land, 360, s 10 (3). 
payment, by whom made, 360, s. 

10 (3). 
personal assessment, 360, s. 10 (2). 
proof of taxing, 360, s. 10 (2). 
since 1870, 356, s. 1 and notes, 
strict construction, 363, s. 20. 
union of towns, 359, s. 7. 
vested rights, 356, s. 1 (b), p. 357, s. 3 
(e), (f),p.362, s. 19. 
SEVERAL TAXES IN ONE, 216, s. 32. 

votes on one ticket, 71, s. 6 
SEWERS, rules for, 412, ss. 9, 10. p. 450, xiii. 
SHADE-TREES, on streets, 11, 12. 
abatement of tax for, 11, s 9. 
about school-houses, 11, 8. 9. 



SHADE-TREES, on streets— con tinned. 

injuries to, penalty, 418, s. 3, p. 420, 
s. 16. 

removal by owner, 12, s. 10. 
SHAKERS, exemption of, 21, s. 5. 
SHARES, account of, 211, s. 15. 

appraisal of, 221,222. 
SHEEP AND SWINE,194, ix, x, p.195, c. 31. 
SHERIFF, election of, 89, s. 29. 

eligibility, 89, s. 21. 

if vote for equal, 99, s. 25. 

plurality elects, 90, s. 24. 

return of votes, 89, s. 22. 

votes counted at law term, 90, s. 24. 
SHIFTING CARS in highway, 310, s. 17. 
SHINGLES, surveyors of, 174, ss. 18, 19. 

grades in, and lumbering, 174, s. 19. 
SHIP-BUILDING. 194, vi, p. 195, s. 10 (a). 
SHIPS AND SHIPPING, exemption, 195, 

s. 10 (a). 
SHIP TIMBER, surveyors of, 173, ss. 16, 17. 
SHOWS AND EXHIBITIONS, 407, c. 65. 

billiard-tables, 408, ss. 5-8. 

bowling-alleys, 408, ss. 5-8. 

children under fourteen, 4(>7, s. 3 (1). 

clerk to issue licenses, 408, ss. 5-8. 

fighting birds or animals, 407, 8. 1 (1). 

five dollars for six months, 409, s. 8. 

licensing billiard-tables, 408, ss. 5-8. 
bowling-alleys, 408, ss. 5-8. 
pool-tables, 408, ss. 5-8. 
showmen , 407, ss. 1-3. 
theatricals, 407, s. 2. 

penalties, 407, s. 4, p. 408, ss. 6-8. 

pool-tables, 408, ss. 5-8. 

restaurants and saloons, 408, ss. 5-8. 

selectmen to license, 407, ss. 1-3. 

tax covered by license, 408, s. 7. 

ten dollars a year, 408, s. 5. 

twenty dollars penalty, 408, ss. 6, 7. 
SHRUBS AND TREES protected, 418, s. 3. 
SIDEWALKS, 255, s. 8 (b). 
SIGNS AND AWNINGS, 302, ss. 11, 12, p. 

449, vii. 
SIGN-BOARDS, injuries to, 304, s, 3. 
SIGNING TAX-LIST, 236 (2). 
SINGULAR may include plural, 2, s. 3. 
SITTING MEMBER, pay of, 92, ss. 6, 7. 

notice to, 91, s. 1. 
SLAUGHTER-HOUSES, 413, s. 12, p. 450 

xiii. 
SLIDING DOWN HILL, 16, s. 28, p. 325, 

s. 22 (b). 
SMALL-POX, 414, c. 67. S e Pestilential 

DlSc'RSGS Cl7lt& 

SNOW AND ICE, when defects, 318, s. 2. 
SNOWBALLING, 417, s. 1. 
SNOWING BRIDGES, 315, s. 7. 
SOLDIERS' BOUNTY, 8, s. 4. 

graves, 9, s. 4. 

honorably discharged, support of, 
368, ss. 14, 15. 

monument, 9, s. 4. 
SOLICITOR to prosecute for illegal sales, 
405, s. 22. 

for neglect to make election returns, 

SORTING AND COUNTING VOTES, 72, 
s. 8. 
penalty for fraud in, 99, s. 9 
SPECIAL DAMAGE TO TRAVEL- 
LERS, 317, c. 51. 

amendment of declaration, 326 (b). 



i 



SPECIAL DAMAGE, ETC. 



488 



SPECIAL DAMAGE, ETC. 



t 



SPECIAL DAMAGE TO TRAVEL- 
LERS— continued. 

but not of claim, 321, s. 9 (c). 
ancient records, evidence, 318, s. 1 (a). 
bailee recovering damages, 322, s. 

16 (a). 
bridges and droves of cattle, 318, ss. 

5,6. 
burden of proof, 

of negligence, 325, s. 21 (h). 
carriage, what it includes, 322, s. 15. 
claim to be tiled, 318, s. 7. 

cannot be amended, 321, s. 9 (c). 
coasting, 325, s. 22 (b). 
complaint for not turning out, 321, 
ss. 12, 13. 
must be within ninety days, 322, 

s. 13. 
suit within one year, 322, s. 13. 
venue or county for, 322, s. 14. 
contribution by other towns, 321, s. 

10(b). 
county to sue in, 322, s. 14. 
damages, rules for, 327, s. 26. 
bailee for hire, 322, s. 16 (a), 
expert, testifying, 327, s. 26 (b). 
fault of surgeon, 324, s. 20 (c). 
for detention, 322, s. 12 (1). 
from his own horse, 327, s. 26 (a). 
not for his own fault, 324, s. 19 (1). 
detention without collision, 322, s. 

12 (1). 
droves of cattle on bridge, 318, ss. 



plaintiff must prove number, 318, s .6. 
estoppel, highway by, 317, 318 (1), 

(2), (b). 
evidence as to state of road, 323, s. 
17 (a). 
as to damages, 327, s. 26 and notes, 
as to notice of defect, 326, s. 23. 
declarations accompanying acts, 

318, s. 1 (2). 
other parties injured, 326 (i). 
payment as an admission, 326 (k). 
experts testifying to injury, 327, s. 

26 (b). 
firemen, injuries by, 321, s. 9 (c). 
five tons to a load, 318, s. 4. 
highways, what are, 317, s. 1, p. 318, 

s.2(b). 
husband and wife, 322, s. 16. 
insufficiency, what is, 325, s. 22. 

awning over sidewalk, 326, s. 22 

(e). 
calculated to frighten horses, 

326 (g). 
coasting, 325, s. 22 (b). 
ditch in repairing, 326, s. 22 (c). 
hose used by firemen, 321, s. 9 (c). 
jury to decide, 325, s. 22. 
lumber and wood at roadside, 

326 (d). 
payment is an admission, 326 (1). 
pig-pen and pigs, 325, s. 22 (b). 
railroads, 327, s. 25. 
rope across highway, 325, s. 22(a). 
safeguards wanting, 326 (h). 
snowdrifts, 318, s. 2, p. 326 (f). 
snow falling from eaves, 326, s. 

22(e). 
sudden obstructions, 327, s. 24. 
width of track, 326, s. 22 (d). 



SPECIAL DAMAGE TO TRAVEL- 
LERS — continued. 

law of the road, 321, 322, ss. 12-14. 
limitation of ninety days, 322, s. 13. 
. of one year, 322, s. 13. 

to six months, 319, s. 9. 
load exceeding five tons, 318, ss. 3, 6. 

three tons, 318, ss. 4, 6. 
notice of claim, 318, 319. 

cannot be amended, 321, s. 9 (c). 
form of, 319, s. 7 (1), p. 320 (b),p. 

321 (c). 
to be filed in ten days, 318, s. 7. 
to be sworn to, 319, s. 7. 
to state damages claimed, 319, s. 

7(1). 

upon whom served, 318, s. 7. 

unavoidable accidents, 319-321. 

parent, if in fault, 325 (f ) . 

parties plaintiffs, 322, s. 16 and notes. 

petition to court, 319, s. 9. 

form of, 320 (b). 

what must be shown, 320 (1), (a). 

when a case for contribution, 319, 

s. 7 (a), s. 8 (1). 
within six months, 319, s. 9. 
place of injury, 323, ss. 17, 18, and 
notes, 
leapingf rom carriage,323, s. 18 (1). 
outside highway, 323, s. 17. 
running off bank, 323, s. 18. 
tnrnout to private way, 318 (b) . 
plaintiff in fault cannot recover, 324, 
s. 20 and notes, 
blind man, 324, 325, s. 21 (b), (f), 

(h). 
burden of proof, 325, s. 21 (h). 
caution required, 324, s. 20 (b), 

s. 21. 
darkness of night, 324, s. 21 (b), 

p. 325 (h). 
driver's fault, 324, s. 20 (b). 
drunken men, 325, s. 21 (e). 
highway surveyor, 325, s. 21 (g). 
horse and carriage, 324, s. 20 (b). 
knowledge of road, 324, s. 21 (a). 
not chaining wheels, 324, s. 21 (a). 
ordinary care required, 324, s. 21. 
parents' neglect, 325, s. 21 (f). 
question is for jury, 321, s.21 and 

notes, p. 325, s. 22. 
selection of equipage, 324, s. 20(b). 
Sunday travel, 491 (d). 
travelling without a light, 324, s. 

21 (b). 

when fault did not contribute to 
the injury, 324, s. 20, p. 325 (h). 
when road manifestly unsafe, 
325, 3.21(c). 
private way, turnout to, 318, s. 1 (b). 
* proximate cause of injury, 323, s. 19. 
acts of third persons contrib- 
uting, 323, s. 19. 
horse run against by another, 

323, s. 19 (1). 
party falling on his own obstruc- 
tion, 323, s. 19 (1). 
steps extending into sidewalk, 

323, s. 19 (1). 

though plaintiff in fault may re- 
cover, if such fault did not 
contribute to the injury, 323, 

324, s. 19 and notes. 



SPECIAL DAMAGE, ETC. 



489 



SPECIAL POLICE, ETC. 



SPECIAL DAMAGE TO TRAVEL- 
LEES— confin uecl. 

railroads obstructing highways, 327, 
ss. 24, 25. 
wneu town liable, 327, s. 25 (2). 
when traveller no remedy, 327, 
s. 25. 
reasonable care, question of fact. 324. 

s. 21. 
remedy over by town, 321, s. 10. 

against individuals, 325, s. 10 (1). 
other towns, 321, s. 10 (b). 
railroads. 327, s. 25 (2). 
surveyor, 321, s. 10. 
license will not prevent, 321 (1). 
notice of suit, 321, s. 10 (a), 
sleighs and runners, 322, s. 15. 
snowdrifts, 318, s. 2, p. 321, s. 9 (c). 
stopping to view procession, 317, s. 

1(1). 
sudden obstructions, 327, s. 24. 
Sunday travel, 325 (d). 
twenty years' user, 317, s. 1 (2). 
survevor assisting traveller, 321, s. 
9 (c). 
liability of, to town, 321, s. 10. 
ten days for filing claim, 319, s. 7. 
extended by court, 319, s. 9 and 

notes. 
no action till thirty davs after, 

319, s. 8. 
notice before suit, 319, s. 8. 
thirty days' notice of claim, 319, s. 

8. 
three tons to a load, 318, ss. 4, 6. 
town-clerk notifying other town- 
clerks, 319, s. 7 (a), s. 8(1). 
town's liabilitv, 317, s. 1. 

not for firemen"3 act, 321, s. 9 (c). 
to travellers only, 317, s. 1. 
when, for surveyors, 321, s. 9 (c). 
remedy over by, 321, s. 10 and 

notes, 
to investigate injury, 319, s. 8. 
and give notice of decision, 319, 
s. 8. 
travelling on highway, what is, 317, 

s. 1(1). 
turnout to private way, 318, s. I (b). 
turning to the right, 321, 322, ss. 11, 
12, and notes, 
detention without collision, 321, 

s. 12 (1). 
night traveller, 322, s. 12 (1). 
not liable if in no fault, 321 s. 

1(1). 
suit, where brought, 322, s. 14. 
turning up to houses, 322, s. 12 

(1). 
when complcdnt to be filed, 312, 
s. 13. 
venue for suit, 320, s. 9 (1), p. 322, s. 

14. 
view, granting of, 323, s. 17 (b). 
wheel tracks showing width of road, 
318, s. 1 (a). 
showing other injuries, 326 (i). 
width of felloes for three ton load, 
318, s. 4. 
for five ton load, 318, s. 3. 
plaintiff must prove, 318, s. 6. 
SPECIAL MEETINGS, how called, 44, 

8.1. 

22* 



SPECIAL MEETINGS, how called-cow. 
articles in warrant, 44, s. 3. 
money votes at, 9, s. 4. 
SPECIAL POLICE AND NIGHT 
WATCHMEN, 424, c. 70. 

aid to, in arresting, 429, s. 24. 
appointed as deemed necessary, 424, 

s. 1. 
appointment to be in March, 424, s. 3. 

at later period, 425, s. 4. 
arresting without warrant, 429, s. 20. 
between sunset and sunrise, 429, 

ss. 21, 22. 
in the day-time, 429, s. 23. 
authority and compensation, 425, s. 

5, p. 428, ss. 17,18. 
awnings, shades, and fixtures, 425, 

s. 6. 
constables and conservators of the 

peace, 425, s. 5. 
detectives, 424, s. 2. 
employment of, 424, ss. 1, 2. 
hacks, drays, and carts, 425, s. 6. 
loiterers at depots, 427, s. 13. 
night-watch, 428, s. 17. 

appointment and authority, 428, 

s. 18. 
may arrest suspicious persons, 

428, s. 19. 
vote of town for, 428, s. 17. 
officer defined, 429, s. 20 (1). 

may command assistance, 429, s. 
24. 
official oath, 425, s. 3. 
passengers, if disorderly, 427, 428, ss. 
12-14. 
not paying fares, 638, s. 14. 
police regulations by, 425, s. 6. 
preservation of order, 424, ss. 1, 2. 
railroad police appointed, 426, s. 8. 
authority, 426, 427, ss. 8-15. 
badge of office, 426, s. 10. 
compensation, 428, s. 15. 
filing appointment, 426, s. 9. 
how discharged from office, 428, 

s. 16. 
may arrest without warrant, 427, 
s. 11. 
preserve order, 427, s. 11. 
take to baggage car, 427, s. 12. 
no removal between stations, 

428, s. 14. 
recording appointment, 425, s. 3, 
p. 426, s. 9. 
regulations, 426, s. 7. 
regulations by special police, 426, 
s. 6. 
to be approved by selectmen, 
426, s. 7. 
removing from train, 427, ss. 13, 
14. 
not between stations, 427, s. 
14. 
removing railroad police, 428, s. 16. 
other special police, 425, s. 3. 
to be recorded, 425, s. 3 (3). 
shutting up saloons, 425, s. 6. 
six months' imprisonment, 425, s. 6. 
smoking cigars and pipes, 425, s. 6. 
6tables and out-buildings, 425, s. 6. 
Sunday saloons, 425, s. 6. 
vote by town for night-wateh, 428, s. 
17. 



SPECIAL POLICE, ETC. 



490 



SUBJECTS OP TAXATION. 



SPECIAL POLICE AND NIGHT 

WATCHMEN— continued. 

superintendent of police, 424, s. 1. 
term of office, 424, s. 1, p. 428, s. 16. 
time of closing saloons and restau- 
rants, 425, s. 6. 
twenty dollar penalty, 425, s. 6. 
vacancies provided for, 425, s. 4, p. 
428, s. 16. 
SPECIAL PROVISIONS RELATING 
TO HIGHWAYS, 303, c. 48. 

aqueduct or gas companies, 305, 306, 
ss. 12-16. 
assessing damages for, 306, ss. 14, 

15. 
petitioning to court on appeal, 

306, s. 15. 
private grounds and ways, 306, 

s. 13. 
protection to, 306, s. 16. 
using highway, 305, s. 12. 
using private grounds, 306, ss. 
. 1°.-15. 
bridges, by laws to protect, 304, s. 4 

(re- 
covering with snow, 305. ss. 7, 8. 
lighting, 305, ss. 9-11. 
extinguishing lights, 305, s. 11. 
posting by-laws on, 304, s. 6. 
toll-bridges, 304, ss. 5, 6. 
guide-boards, 303, s. 1. 

neglect to keep in repair, 304, s. 2. 
throwing down or injuria , 304, 
s. 3. 
toll-bridges, by-laws for, 304, ss. 5, 6. 
covering with snow, 305, ss. 7, 8 
extinguishing lights, 305, s. 11. 
lighting, 305, ss. 9, 10. 
penalty for neglect, 305, s. 10. 
posting by-laws on, 304, s. o. 
SPEED OF ENGINES regulated, 310, s. 

16. 
SPENDTHRIFT defined, 3, s. 18. 
SPIRITUOUS LIQUOR defined, 5, s. 31. 
See Sale of Intoxicating Liquo •, 
ante. 
SPIRITUALISTIC MEDIUMS, 420, s. 17. 
SPRINKLING STREETS, 292 (d). 
STANDARD WEIGHTS and measures, 

178, c. 30. 
STATE AND COUNTY OFFICERS, 83, 

c. 14. 
STATE defined, l,s. 4. 
line, 31, s. 1 (1). 
standard, 178, c. 30. 

treasurer to prove, 178, s. 2. 
tre i surer to issue extents, 249, 250. 
STATUTES of June session, 5, s. 36. 
of other sessions, 5, s. 36. 
repeal of, 5, s. 33. 
rules for construction of, 1, c. 1. 
when to take effect, 5, s. 36. 
STEALING TIMBEti, 159, s. 12. 
STEAMBOATS and other vesse's, 194, vi, 

p. 195, s. 10(a). 
STOCK in corporations, 193, 194. 
in public funds, 193, 194. 
in trade defined, 194, s. 6. 
where taxed, 213, s. 20. 
STRAYS AND LOST GOODS, 138, c. 24. 
impounding of, c. 24. 
adjustment of charges, s. 8. 
after four days' pound, 146, s. 13. 



STRAYS AND LOST GOODS— continued. 
appraisal of property, 140, ss. 4, 5, 
aad aotes. 
of expease of keeping, etc., 140, 
s. 8. 
April to November, strays, 141, s. 12. 
commoa law liability, 139 (1). 
destroying aotices, 141, s. 11. 
fees and charges, 141, ss. 6-8. 

if animal dies, 141, s. 9. 
jurisdiction of justice, 139, 140. 
justice determining charges, 140, s. 8. 
appointing appraisers, 144, s. 7. 
ordering sale, 146, ss. 11-13. 
keeping properiy one year, 140, ss. 

6,7. 
notice of finding property, 138, s. 1. 
form of, 139 (a). 

penalty for neglecting to give, 
141,8. 10. 
for pulling down notice, 141, 
s. 11. 
oath of appraisers, 140, s. 5. 
owner of cattle to pay expenses, 140, 
ss. 7-9. 
of field may drive cattle out with- 
out impounding, 142 (1). 
return of appraisers, 141, s. 5. 
sale of property, 146, ss. 11-13. 
tender without adjustment, 141, s. 8, 

11. 
town-clerk to record notice of find- 
ing, 139, s. 2. 
penalty for neglect, 141, s. 11. 
town treasurer to receive money, 

141, s. 6. 
warrant to appraisers, 140 (b). 
SUBJECTS OF TAXATION, 191, c. 32. 
aliens, 192 (a), 
as of what time, 196, s. 12. 
bank stock, 193, s. 6, p. 195, s. 8 (1). 
buildings, 192, s. 3. 
carding machines, 192, s. 3. 
carriages exceeding fifty dollars, 194, 

vii. 
cattle and horses, 194, viii, ix. 
double taxation, 195, s. 8 (1). 
exemption by statute, 191-193. 

academies and seminaries, 192, s. 

2, p. 193(a). 
almshouses, 192, s. 2. 
churches, 192, s. 2, p. 193 (a), 
convents, 192, s. 2 (2), p. 193 (a), 
insane persons, 191, s. 1. 
real estate of savings, 192, s. 2 .,1), 

s. 3. 
sailors and soldiers, 197, s. 3. 
school-houses, 192, s. 2. 
swamps reclaimed, 192, s. 4. 
United States property, 192, s. 2. 
exemntion by towns, 195, s. 10, p. 196, 
s. 11. 
lands of non-residents, 215, s. 29. 
loan to towns, 196, s. 11. 
manufacturing, 195, s. 10. 

constitutionality, 195 (b). 
ship building material, 195, s. 10 
(a). 
express companies, 195, s. 8 (a). 
ferries and toll-bridges, 192, s. 3. 
insane persons, 191, 192, s. 1 (c). 
manufacturing exemptions, 195, a. 10. 
mica, exemption of, 192, s. 3. 



SUBJECTS OF TAXATION. 



491 



SUNDAY MEETINGS, ETC. 



SUBJECTS OF TAXATION— continued. 
mining conpanies, 192, s. 3. 
money on hand and at interest, 193, v. 

loaned to towns, 196, s. 11. 
mortgaged land, 195, s. 8 (1). 
pauper exemption, 191, s. 1. 
personal estate, 193, s. 6. 
persons coming in after April 1st, 

196, s. 12. 
poll from twenty-one to seventy, 191, 

s. 1. 
railroad stock, 195, s. 9 

real estate of, 193, s 9. 
real estate, what it includes, 192, s. 3. 
when taxable, 192, 193, s 5. 
when exempt, 192, s. 2 (1 ), s. 4, p. 
195, ss. 9, 10. 
savings-banks. 192, s. 2 (1), p. 196, v, 

p. 195, ss. 9, 10, p. 246. 
sheep and hogs six months old, 194, 

x. 
ships and shipping, 194, vi. 

when exempt, 195, s. 10 (a), 
soldiers and sailors, exemption, 197, 

s. 3. 
stock in corporations, 193, ii, iii, p. 
195, s. 8. 
if no dividend, exempt, 194, s. 7. 
out of the state, 193, iii, p. 195, 
s.8(l). 
stock in public funds, 193, i, p. 194 
(2). 
when exempted, 194 (2). 
stock in trade, 194, vi. 

what deemed such, 194, vi (6). 
surplus capital in bank, 193, iv, p. 

194, vi (6;. 
swamp lands reclaimed, 192, s. 4. 
temporarv absence no exemption, 

192, s. l*(b). 
ten years' exemption, 192, s. 4, p. 195, 

s. 10. 
toll-bridges, 192, s. 3. 
town loans, 196, s. 11. 
United States stock, 194, s. 2. 

buildings for public purposes, 
192, s. 2. 
wood and timber, 194, vi (5), p. 195, 
s. 10 (a). 
SUBSTITUTION FOR DISQUALIFICA- 
TIONS, 120, s. 8. 
SUITS AGAINST TOWNS, 14, ss. 20, 21. 

by towns, 7, s. 1. 
SUITS FOR SUPPLIES TO PAUPERS, 

369, c. 58. 

ability, measure of, 3G9, s. 2. 
adult not emancipated, 369, s. 2. 
against relatives, 369, s. 1. 

towns, 369, ss. 2, 3, and notes. 
aid as a loan or gift, 369, s. 3 (1). 
binding out, expenses, 373, s. 8 (f). 
burden of proof, 369, s. 1 (1). 
change of venue, 373, s. 10. 
charity and no recovery back, 370, s. 

3(1). 
children, liability of, 369, s. 1. 

not at common law, 370, s. 3 (f). 

residing in another state, 370, s. 
3(g). 

when of sufficient ability, 370, s. 
3(d). 
common law, liability of husband, 

370, 8. 3 (e). 



SUITS FOR SUPPLIES TO PAUPERS 
— continued. 

of parent, 370, s. 3 (e). 
none of children, 370, s. 3 (f). 
recoverv by town, 370, s. 3 (e). 
county, liability of, 369, s. 2. 
diminishing estate, 369, s. 2. 
feeble-minded children, 369, s. 2. 
gifts aud loans, 369, s. 3 (1). 
grandparents and children, 369, s. 1. 
husband's liability at common law, 

370, s.3(e). 
idiots and insane, 369, ss. 1, 2. 
illegitimate children, 370, s. 3 (c). 
insane asylum, 373, s. 8 (e). 
non-residents, 370, s. 3 (g). 
note of town for supplies, 372, s. 8 (a). 
notice of supplies, 370, s. 4. 

form of, 370, s. 5 and notes, 
good for ninety days, 372, s. 8. 
of persons relieved, 371 (a). 
of sums expended, 372 (b). 
overcharging, 372 (b). 
return to clerk, 372, s. 7. 
service, 372, s. 6. 
waiver of notice, 372, s. 8 (a). 
ninety days' expenditure, 372, s. 8, p. 

373, s. 9. 
parent, liability of, 369, ss. 1,2, p. 370, 
s. 3 (e). 
at common law, 370, s. 3 (e). 
of child over twentv-one, 369, s. 2. 
of sufficient ability, 369, ss. 1, 2. 
payment before notice, 373, s. 8 (g). 
before suit, 373, s. 8 (g). 
partial recovery, 372, s. 5 (b), p. 

373, s. 8 (i). 
under misapprehension, 373, 3. 
8(h). 
proof to sustain suit, 369, 370, s. 3 

and notes, p. 373, s. 8 (b). 
return to town-clerk, 372, s. 7. 
second wife's children, 370, s. 3 (c). 
selectmen testifying, 373, s. 8 (c). 
their acts as admission, 373, s. 8 
(b). 
service of notice, 372, a. 6. 
set off against supplies, 373, s. 8 (h). 

of judgments, 373, s. 8 (h). 
sheriff serving notice. 372, ss. 6, 7. 
step children, 370, s. 3 (c). 
sufficient ability, test of, 369, s. 2, p. 

370 (d). 
three years' limitation, 373, s. 9. 
town's remedy at common law, 370, 
s. 3 (e). 
by statute, 369, s. 3. 
um mancipated adults. 369, s. 2. 
venue, change, 373, s. 10. 
waiver of notice, 372, s 8 (a). 
SUNDAY AND RELIGIOUS MEET- 
INGS, 432, c. 72. 

arresting without warrant, 434, s. 11. 
assistance may be commanded, 433, 

s. 4. 
binding over offenders, 434, s. 10. 
boarding houses, 434, s 8. 
camp-meeting pi, lice, 434, s. 12. 
disturbance of others, 432, s. 1 (a), 
disturbers removed, 433, ss. 4, 5. 
by private individuals, 433, a. 5. 
to be fined and give sureties, 
433, s. 6. 



SUNDAY MEETINGS, ETC. 



492 



TERMINI, ETC. 



SUNDAY AND RELIGIOUS MEET- 
INGS— continued . 

drugs and medicines, 434, s. 8. 
factories and mills repaired, 434, s. 

1 (2). 
forfeitures, how recovered, 433, s. 

3(1). 
general rowdyism, 434, s. 10. 
horse-racing and gambling, 434, s. 10. 
injuries to traveller on highway, 432, 

s.l(l). 
in presence of others, what is, 432, 

s. 1(1). 
jurisdiction of police enlarged, 434, 

s. 12. 
marriage on Sunday, 432, s. 1 (1). 
milk, bread, and other necessaries, 

434, s. 8. 
new promise on Sunday, void, 432, s. 

1 (a), 
noisy and rude conduct, 434, s. 10. 
note and renewal on Sunday, 432, s. 

1 (a), 
payments on Sunday, 432, s. 1 (1). 
picnics on Sunday, 432, s. 1 (1). 
plays, games, and recreations, 432, 

s. 1. 
police officers, duties of, 433, s. 4. 
by whom paid, 434, s. 12. 
from other towns, 434, s. 12. 
public worship protected, 432, ss. 

2-12. 
removing disturbers, 433, ss. 4, 5, p. 

434, s. 10. 
repairing mills and factories, 432, s. 

1(2). 
restaurants to be closed, 433, ss. 7, 8. 
sales on Sunday, 433, s. 7. 

within two miles of meeting, 433, 
s. 7. 
secular work prohibited, 432, s. 1 (1), 
ss. 3, 4. 
entire contracts for several days, 

432, s. 1 (a). 
notes and sales, 432, s. 1 (1), (2). 
repairing mills, 432, s. 1 (2). 
selectmen's duties, 433, s. 4. 
shops on Sunday closed, 434, ss. 8, 9. 
shows and exhibitions, 434, s. 10. 
sureties to appear at court, 434, s. 10. 

to keep the peace, 433, s. 6. 
ten dollar fine, 434, s. 9. 
thirty days' imprisonment, 434, s. 9. 

limitation, 435, s. 13. 
travelling on Sunday, 432, s. 1 (1). 
two mile limit, 433, s. 7. 
volunteer police, 434, s. 11. 
SUNDAY SALES, 434, ss. 8, 9. 
saloons, 434, s. 8, p. 448, iv. 
repairing mills, 432, s. 1 (2). 
travelling, 325(d). 
SUPERINTENDENT of police, 424, ss. 

1,2. 
SUPERVISORS of Check-List, 55, c. 10. 
administering oath, 56, s. 5. 
alphabetical list, 55, s. 1. 
appointment of, 56, s. 3. 

choice of, 55, s. 1. 
certificate of oath, 51, s. 7 (1). 
chairman to preside at town-meeting, 

58, s. 9. 
check-list, form of, 58, s. 15. 
when to be used, 58, a. 10. 



SUPERVISORS of check-list— continued. 
copy left with town-clerk, 57, s. 7. 
corrected list open for inspection, 

57, s. 6. 
death and resignation, 56, s. 3. 
filing copy with clerk, 57, 58, s. 11. 
hearings before, 56, ss. 4, 5. 
in classed towns, 58, ss. 11-13. 
list to be sworn to, 57, s. 7. 
misconduct of, penalty, 99, s. 10. 
names omitted by mistake, 57, s. 5. 
perjured if false, 57, s. 7. 
posting list, 55, s. 1. 
present at opening of meeting, 57, s. 8. 
proceedings at hearing, 56, s. 5. 
sessions for correction of list, 56, s.4. 
to be sworn, 56, s. 2. 
to receive evidence, 56, s. 5. 
vacancy, filling of, 56, s. 3. 
voters, who deemed such, 57, s. 5. 
See Voters and Voting, post. 
SUPPRESSION OF RIOTS, 25, c. 4. 
SURGEONS, bodies for, 42, ss. 13-15. 
SURPLUS CAPITAL in banks, 193, iv. 
in real estate, 192, s. 2 (1). 
revenue, disposition of, 13, s. 15. 
SURVEYORS of highways, 285, s. 5. See 
Making and Repairing, etc., ante. 
SURVEYORS of wood and lumber, choice 
of. 173, s. 13. 
certificate by, 172, s. 1 (d , p. 173, s. 

13 (1). 
duties and fees, 170, c. 29. 
liability of, 177, ss, 30, 31. See In- 
spectors and Surveyors, ante. 
SURVIVING RELATIVES, rights of, 42, 

s. 15. See Cemeteries, p. 456. 
SUSTENANCE FOR CATTLE, 148, ss. 

18, 19. See Impounding, ante. 
SWAMPS, exemption of, 192, s. 4. 
SWINE, by-laws, etc., for, 10,8. 6. 

taxation of, 194, x. 
SWORN, defined, 21, s. 24. 
TAKING EFFECT OF STATUTES, time 

of, 5, s. 36. 
TAXATION, 191-253. See Abatement of 
Taxes, Collectors of Taxes, 225, 
Collection of Resident Taxes, 228, 
Collection of Non-Resident Taxes, 
236, Invoices and Assessments, 473, 
Subjects of Taxation, 490, ante, and 
Where Taxed and to Whorn.^os*. 
TECHNICAL WORDS in statutes, 1, 

s. 2. 
TELEGRAPH COMPANIES, 313, c. 50. 
TELEPHONE COMPANIES, 313, c. 50. 
TELLERS at elections, 73, s. 13 (a). 
TEMPORARY ABSENCE, what is, 62, s. 

10, p. 63, ss. 14, 15, and notes. 
TENANT and reversioner, 212, s. 19, p. 254, 

s. 5. 
TENANTS for life, 212, s. 19, p. 254, s. 4. 
in common, 212, s. 19, p. 254, s. 3 (1), 
p. 266(g). 
TENDER OF LAND DAMAGES, 278, s. 
4 and notes, 
for injuries by cattle, etc., 141, s. 8 

(1), p. 144, s.6(l). 
too late after suit, 144, s. 6(1). 
TEN HOURS a day, 337, s. 19. 
TENURE of town offices, 110, s. 23. 
TEN YEARS' EXEMPTION, 195, s. 10. 
TERMINI, description of, 263, s. 33 (a). 






THEATRICALS, ETC. 



493 



TOWN-MEETINGS. 






THEATRICALS, license for, 407, s. 2. See 

Shows aud Exhibitions, ante. 
THREATS OR BRIBES, 100, s. 12. 
THREE-FOURTHS VOTE, when neces- 
sary, 9, s. 4, p. 39, s. 3. 
TIME, computation of, 5, s. 32. 
TOLL, regulate \, 165, ss. 14, 15. 
TOLL-BRIDGES, by-laws for, 304, ss. 5, 6. 

taxation of, 192, s. 3. 
TORTS of town officers, 8 (b). 
TOWN AGENTS, 7, s. 3 (a), p. 107, s. 10. 
TOWN-CLERK, choice of, 103, s. 2. 
appointment of, 103, s. 4. 
attachments indexed, 105, s. 8. 
attesting records, 79, s. 2(1), p. 103, s. 

5 and notes, 
creditor's bill filed with, 105, s. 8(b). 
fees of, 104, s. 6. 

in classed towns, 88, ss. 16, 18, 19. 
lists of stockholders filed with, 106(d). 
making false record, 80, s. 3. 
penalties for neglect of, 24, s. 14, p. 

88, s. 19, p. 98, ss. 1-5. 
pro tempore, 103, s. 3. 
return of enrolment by, 24, ss. 14, 15. 
of votes, 98, ss. 1-5. 
TOWN-CLOCK, 9, s 4 (2). 
histories, 9, s. 4. 
house-lot protected, 9 (2). 
libraries, 9, s. 4. 
lines, 31, c. 6. 

loans, 12, s. 12, p. 196, s. 11. 
TOWN LINES, 31, c. 6. 

appointment to perambulate, 31, s. 

2, p. 34, s. 11. 
bounding on Connecticut river, 31, 
s. 1. 
on other rivers, 31, s. 1 (1). 
committee to perambulate, 32, s. 6. 
costs, how apportioned, 32, s. 6(4). 

in discretion of the court, 32, s. 6. 
county commissioners, 36, 9. 18. 

lines, 36, s. 18. 
courses and distances to be stated, 

31, s. 3. 

disagreement in perambulating, 32, 

s.6. 
effect of perambulation, 33, 9. 7 and 

notes, 
estoppel upon towns, 33 (c). 
fraud in perambulating. 33 (d). 
hearing all interested, 32, s. 6 (2). 
judgment is in rem, 33. s. 8. 

conclusive of jurisdictional line, 
33, s. 8. 
effect upon property rights, 33, s. 8. 
marks and monuments, 31, s. 10. 

penalty for removing, 35, s. 15. 
mistake in charter, 36, s. 17. 
neglect to notify, 32, s. 5. 

to attend as notified, 32, s. 5. 
notice to perambulate, 31, s. 4. 

by which town given, 32, 9. 4. 

neglect to give, penalty, 32, s. 5. 
petition to court, 36, s. 16. 
recording return, 31, 9. 3, p. 32, s. 3, 

p. 35, 9. 13. 
removing landmarks, 35, 9. 15. 

what are such, 36, s. 15(1). 
renewing, but not to change, 31, 9. 2 

(&>, p. 32, 8. 6(3). 
return of perambulation, 31, s. 3, p. 

32, s. 3, p. 35, 9. 13. 



TOWN LINES— continued. 

supreme court, petition to, 32, s. 6. 
twenty years' line by, 33 (c). 
unincorporated places, 33, s. 9. 
TOWN LO.YNS, 12, s. 12, p. 196, s. 11. 
TOWN-MEETINGS, 70, c. 12. 

asgault upon officers, 74, s. 19. 
ballot-boxes provided, 71, s. 4 (1). 
ballot, delivery of personal, 71, s. 5. 
examination of, 71, s. 5. 
rejected if double, 71, s. 5. 
requisites of, 71. 
binding over offenders, 77, s. 26. 
blanks, what are, 71, s. 4, p. 72, s. 7. 
bribery, oath against, 75, s. 20. 
calling to order and presiding, 70, s. 1. 
chairman of supervisors, 70, s. 1. 
if not present, town-clerk, 70, s. 1. 
if neither, justice of the peace, 
70, s. 2. 
challenging voters, 74, s. 20. 
checking name of voter, 71, s. 5. 
check-list to be present, 70,9. 1. 
closing the polls, 72, s. 10 (1). 
committinti- to jail, 77, s. 26. 
complaint for bribery, 76, s. 24. 

binding over, or committing, 77, 

9.26. 
hearing upon, 76, s. 25. 
po9ting bribery act, 77, 9. 27. 
reading bribery act, 77, 9. 27. 
constables' duty, 74, ss. 17, 18. 
declaration of vote, 72, s. 9. 

no vote received after, 72, s. 10. 
election laws to be present, 72, s. 9 

(l),p. 77,s.27. 
false swearing, penalty, 76, s. 22. 
hearing upon complaint, 76, s. 25. 
majority, how ascertained, 72, s. 11. 
if too many a majority, 73, s. 12. 
pecuniary interest of voter, 60, 9. 

1(2). 
penaltieg for misconduct, 73, 74, S9. 

14-19, p. 99, ss. 8,9. 
polling the house, 73, s. 13. 

penalty for refusing, 73, s. 14. 
posting bribery act, 77, s. 27. 
preservation of order, 115-120. 
printed blanks of oaths of voters, 76, 

s. 23. 
reading bribery act, 77, 9. 27. 
refusing to take oath, 75, s. 21. 
rejecting double ballots, 71, s. 5. 
selectmen's duty, 72, ss. 8, 9. 
several upon one ticket, 71, s. 6. 
sorting and counting votes, 72, ss. 

8-10. 
town-clerk's duty, 71, ss. 5, 8, 9. 
voters may be challenged, 71, 9. 20. 
refusing oath, 75, s. 21. 
swearing falsely, 76, s. 22. 
warrant and warning, post, 496. 
TOWN NOTES, how signed., s. 13. 

record of, s. 14. 
TOWN OFFICERS, 101, c. 19. 

agent by ballot and major vote, 101, 

s. 1. See Agents for Towns, p. 453. 

all others by major vote unless ballot 

specified, 109, s. 21. 
annually at March meeting, 101, 9. 1. 
assessors, 106, s. 9. See Invoices and 

Assessments, pp. 473-475. 
clerk of the market, 109, s. 21. 



TOWN-MEETINGS. 



494 UNINCORPORATED PLACES. 



TOWN OFFICERS— continued. 

collector of taxes, 109, s. 21. See Col- 
lector of Taxes, p. 456. 

constables, 109, s.21. See Constables, 
p. 458. 

cullers of staves, 109, s. 21. See In- 
spectors and Surveyors, p. 473. 

fence-viewers. 109, s. 21. See Fence- 
viewers, p. 462. 

firewards, 107, s. 10. See Fi rewards 
and Firemen, p. 463. 

health officers, 107, s. 10. See Nui- 
sances Injurious to Health, p. 479. 

holding over until others chosen and 
sworn, 111, s. 23. 

keeper of powder magazine, 110, s. 
22. See Gunpowder, etc., p. 467. 

measurers of wood, 109, s. 21. See 
Inspectors and Surveyors, p. 473. 

official oath, 111, s. 24. See Oath, or 
Affirmation, p. 480. 

overseers of the poor, 107, s. 10. See 
Furnishing Relief, etc., 464, and 
Suits for Supplies, ante. 

pound-keeper, 109, s. 21. See Im- 
pounding, 472. 

sealers of weights and measures, 109, 
s. 21. See Weights and Measures, 
post. 

selectmen, 101, s. 1. See Selectmen, 
ante. 

supervisors, ante, 492. 

surwyors of highways, 109, s. 21. See 
Highway Surveyors, p. 471. 

surveyors of lumber, 109, s. 21. See 
Inspectors and Surveyors, p. 473. 

tenure of office, 111, s. 23. 

town-clerk, 103, s. 2. See Town- 
Clerk, ante. 

town-treasurer, 107, s. 11. See Town 
Treasurer, post. 

vacancies, and filling of, 109, s. 21, p. 
113, s. 20. See Vacancies in Town 
Offices, post. 
TOWNS to maintain pound, 
TOWN SEALER, 179, ss. 6, 7. See Weights 

and Measures, post. 
TOWN TREASURER, choice of, 107, s. 11. 

annual report by, 108, s. 19. 

appointment of, 107, s. 11. 

bond by, in six days, 107, s. 12. 

book-keeping by, 108, ss 18, 19. 

compensation of, 116, s. 8 

extents issued by, 19, s. 11, p. 249, s. 1. 

financial accounts of, 108, ss. 18, 19. 
reports by, 108, s. 19,p. 109, s. 19(1). 

fined for neglect of duty, 109, s. 20. 

ineligibility, 107, s. 11. 

insanity or incapacity, 116, s 9. 

monthly statement by, 109, s. 19 (1). 

receiving money of collector, 108, ss. 
15, 16. 
of selectmen, 108, ss. 17, 18. 

removal of, by selectmen, 116, s. 9. 
notice for, 117, s. 9, and notes. 

separate accounts by, 109, s. 18. 
reports by, 108, s. 19. 

settling with collector, 108, ss. 15, 16. 
with selectmen, 108, ss. 17, 18, p. 
116, s. 8. 

town notes countersigned by, 107, s. 
13. 
record of, 107, s. 14. 



TRAMP ACT, 423, c. 69. 

arresting without warrant, 423, s. 5. 
but written complaint necessary, 
424, s. 5 (1). 
begging by a non-resident, 423, s. 4. 
blind men excepted, 424, s. 7. 
carrying firearms, 423, s. 2. 
complaint before conviction, 424, s. 

5(1). 
constables for tramps, 424, s. 6. 
appointment of, 424, s. 6 (1). 
to give bonds. 424, s. 6 (1). 
to take oath of office, 424, s. 6 (1). 
dang rous weapons, 423, s. 2. 
definition of tramp, 423, ss. 1, 4 . 
entering dwelling-houses, 423, s. 1. 
exceptional cases, 424, s. 7. 
hard labor, sentence to, 423, s. 3. 
injuring person or property, 423, ss. 

2,3. 
kindling fires, 423, s. 2. 
minors under seventeen, 423, s. 7. 
ten dollar reward, 423, s. 5. 
threatening injury, 423, s. 2. 
■ women are not tramps, 424, s. 7. 
TRANSIENT PERSON, home of, 65, s. 22. 
when set to work, 366, 367. 
when tramps, 423, c. 69. 
TRANSIENT TRADERS, 103 (g), p. 196, 

s. 12. 
TRAVELLER not putting up bars, 257, s. 
13(2). 
removing obstructions, 298, s. 1 (1). 
repairing highway, 292 (c). 
using adjoining land, 318 (bl. 
wrong side of the road, 324, s. 21 (a). 
See Special Damage to Travellers, 
ante. 
TREATING AT ELECTION, 99, s. 7, p. 

100, s. 12. 
TREES AND SHRUBS protected, 11, 12, 

418, s. 3, p. 451, xiv. 
TRESPASSING upon adjoining land, 293, 

s. 20 (1). 
TRUST PROPERTY held by towns, 7, s. 
3(1). 
for cemeteries, 41, s. 9. 
TRUSTEE SUITS, 14, ^.21. 
TRUSTEE, when taxed, 207, s. 3(2). 
TURNING CATTLE INTO THE ROAD, 
142, s. 1 (1). 
to the right, 321, ss. 11-13. 
TURNPIKES as highways, 256, s. 11 (a). 
bridges upon, 304, 305, ss. 5-12. 
taking franchise of, 256, s. 11 (a). 
TWENTY YEARS' USER, 3 (b), (c), p. 

296. s. 33. 
ULTRA VIRES notes invalid, 8 (c). 
UNCERTAINTY in collectors' deeds, 240, 
s. 8(1). 
in articles and votes, 44, s. 2 (1). 
in invoices, 216, s. 33 (b). 
UNCOVERED DITCH in repairing, 29 \ s 

19 and notes. 
UNDER APPRAISAL for taxation, 210 

(1), 212, s. 18. 
UNIFORMS for police officers, 443. s. 16. 
UNIMPROVED LANDS, fences upon, 
125, s. 11. 
assessment of, 192, s. 2. 
logs upon. 159, ss. 9, 10. See Float- 
ing Timber, 464. 
UNINCORPORATED PLACES, 14, s. 19. 






UNION SOLDIERS, ETC. 



495 



VOTERS AND VOTING. 



UNION SOLDIERS AND SAILORS not 
to be sent to almshouse, 368, ss. 14, 
15. 
UNITED STATES, 1, s. 5. 
property, 192, s. 2. 

securities, exemption of, 194 (2). See 
Iuvoices and Assessments. 
VACANCIES IN COUNTY OFFICES, 
90, ss. 26, 27. 
iu presidential electors, 97, s. 7. 
in repi'esentation, 86, s. 10. 
in supervisors, 56, s. 3. 
VACANCIES IN TOWN OFFICES, 113, 
c. 20. 
accepting office declined, 113, s. 1. 
resignation of officer, 114, s. 1. 
what is, 114, s. 1 (3). 
administrator of collector, duties of, 

117, s. 10. 
appointment to vacancies, 113, c. 20. 
forms of, 114, s. 3 (1), p. 116 (1). 
of collector, 114, s. 3. 
of constable. 115, ss. 4, 6. 
of town-clerk, 113, s. 13. 
of treasurer, 107, s. 11, p. 116, s. 8. 
of whatever officer, 114, s. 1, p. 

115, s. 6. 
to be recorded, 115, s. 6. 
article iu town warrant, 114, s. 1 (1). 
bond, form of, 115, s. 4 (a). 

neglecting to give, 107, s. 12, p. 

115, s. 4, p. 117, s 9. 
of collector, 115, s. 4. 
of constable, 115, s. 4. 
of treasurer, 107, s. 12. 
requiring uew bond, 117, s. 9. 
sureties, liability continued. 114, 

s. l,p. 117, s. 11. 
collector, appointment of, 114, s. 3. 
bond by, in six days, 115, s. 4. 
compensation of, 115, s. 5. 
completing business, 114, s. 2, p. 

116, s. 7, p. 117, s. 12. 

dying before completion, 116, s. 7. 
executor of, 116, s. 7, p. 117, s. 10. 
new collector, 116, s. 7, p. 117, ss. 

10, 12. 
removed from office, 116, s. 9. 
resigning office, 114, s. 1. 
sureties of, 114, s. 1, p. 117, s. 11. 
compensation of collector, 115, s. 5. 
to be specified, 115, s. 5. 
of treasurer, 116, s. 8. 
to be fixed, 116, s. 8. 
completing old business, 114, s. 2, p. 

116, s. 7, p. 117, s. 12. 
constable to give bond, 115, s. 4. 
couviction of crime, 114, s. 1. 
death of incumbent, 113, s. 1, p. 116, 
s. 7, p. 117, ss. 10, 12. 
. distress, completion of, 117, s. 12. 
executor of collector, duties of, 117, 

s. 10. 
failing to choose, 114, s. 1. 
failure of annual meeting, 114, s. 1. 
hearing before removal, 117, s. 9. 
insanity or incapacity, 114, s. 1 (2) , p. 

116, s 9. 
new officer, authority of, 114, s. 1, p. 

116, s. 7, p. 117, s. 12. 
notice for a hearing, 117 (a). 

of removal, 117 (d). 
recording appointment, 115, s. 6. 



VACANCIES IN TOWN OFFICES— 

continued. 

removing from office, 114, s. 1, p. 116, 
s. 9. 
hearing and notice, 117, s. 9 and 

notes. 
from town, 114, s. 1. 
resignation and acceptance, 114, s. 1. 

in choosing another, 114 (3). 
selectmen accepting resignation, 114, 
s. 1. 
appointing new officer, 114, s. 3, 

p. 115, 8. 6. 
determining compensation, 107, 

s. 11, p. 115, s. 5, p. 116, s. 8. 
removing officer, 116, s. 9 and 

notes, 
sureties, liability continued, 114, 

s. 4, p. 117, s. 11. 
tax list of deceased collector, 116, 

s. 7, p. 117, ss. 10-12. 
tenure of office, 114, ss. 1, 2, p. 

116,s.8. 
towns filling vacancies, 114, s. 1 

and notes, 
town-clerk pro tern, 118, s. 13. 
treasurer to give bond, 107, s. 11, 
p. 116, s 8. 
compensation of, 116, s. 8. 
when he may be removed, 
116, ss. 8, 9 
unfinished business, 114, s. 2, p. 
116,s.7. 
VACCINATION, 414, c. 67. See Pestilen- 
tial Diseases, ante. 
VAGRANTS set to work, 365, s. 8, p. 366, 
s. 11. 
when beggars, 423, c. 69. See Tramp 
Act, ante. 
VENIRES for jurors, 126, s. 7. See Draw- 
ing Jurors, 460 
VESSELS, taxation of, 194, vi, p. 195 (a), 
p 199, s. 11. 
containing gunpowder, 392, s. 2. See 
Gunpowder and Nitro-Glvcerine, 
467. 
VESTED RIGHTS protected, 5. ss. 34, 35, 

p. 356 (b). 
VILLAGE FIRE DISTRICTS, 389, c. 61. 
annual meeting, 391, ss. 5, 6. 
application to justice, 391, s. 7. 
boundaries changed, 391, s. 8. 
clerk of district chosen, 390, ss. 2, 3. 
existing districts continued, 392, s. 9. 
fire apparatus, 390, s. 4. 
firewards and engineers chosen, 390, 

s.3. 
1 tiid for fire purposes, 390, s. 4. 
meeting called. 389, s. 2. 
officers chosen, 390, ss. 2, 3. 
petition for, to selectmen, 389, s. 1 (1). 
notice of, and posting, 389, s. 1 (a). 
return and record, 389, s. 1 (b). 
vote establishing precinct, 389, 3. 2. 
form of, 39), s. 2(2). 
VITAL STATISTICS, collection of, 170, 

s. 13. 
VOLUNTEER ENLISTMENTS, 20, <•. 3. 

See Militia, ante, 478. 
VOLUNTEERS in suppressing riots, 26, s. 

3(a). 
VOTERS AND VOTING, 59, c. 11, p. 70, 
c. 12, p. 98, c. 18. 



VOTERS AND VOTING. 



496 



WEIGHTS AND MEASURES. 



VOTERS AND VOTING— continued. 

citizenship, 59, s. 1 and notes, p. 61, 

s. 8 and notes, 
native born, 59, s. 1, p. 61, s. 8 and 

notes, 
naturalized persons, 59, s. 1, p. 61, s. 

8 and notes, 
paupers, CO, ss. 1-8. 
penalties for misconduct, 74, 75, 99, 

ss. 7, 8. 
six months' residence, 61, s. 9. 
twenty-one years of age, 59, s. 1. See 
also Dwelling-Place and Home, 
460, General Election Penalties, 
465, Naturalization, 479, and Town 
Meetings, 493. 
VOTES in excess of authority, 8 (c). 

certainty in, 44, s. 2 (1). 
VOUCHERS of collector and treasurer, 

108, ss. 15-20. 
WAIVER of objections to board, 38 (b), 
p. 120 (a), (b). 
of damages, 267 (4), 
to want of notice, 119, s. 4 (2), p. 267 
CO- 
WARD, protection of, 331, s. 7, p. 348, c. 
55. See Guardianship, etc., 466, 
467. 
WARNING TOWN-MEETINGS, 44, c. 9. 
addressed to inhabitants, 45, s. 4. 
annual, second Tuesday in March, 

44, s. 1. 
applications to justice to call, 45, s. 
9, p. 50-52. 
to selectmen to call, 44, s. 3, p. 

49-51. 
to insert articles, 44, s. 3, p. 50, 
s. 18. 
articles in warrant, 44, s. 2. 

application for, 44, s. 3, p. 45, s. 

9, p. 50, s. 18, p. 51, s. 20. 
certainty in, 44, s. 2 (1). 
special, 44, s. 3, p. 45, s. 9, p. 50, 

s. 18, p. 51,s.20. 
town officers chosen without, 44, 
s. 2 (1). 
biennial in November, 54, s. 27, p. 83, 

s. 1. 
business to be acted on, 44, s. 2. 
certificate of posting, 45, s. 7. 
constable warning, 45, s. 5, p. 49, s. 

16. 
copies posted, 45, s. 4. 
day, hour, and place, 44, s. 2. 
death of all the selectmen, 45, s. 10. 
directed to inhabitants, 45, s. 4. 

when to constable, 45, s. 5. 
failure of annual or biennial meet- 
ing, 45, s. 10. 
when never legal meeting, 45, s. 
10. 
fining selectmen, 46, s. 12. 
form of warrant, 47, s. 14. 

for biennial meeting, 54, s. 27. 
signed by selectmen, 44, s. 2. 
when by justice, 46. s. 11. 
under hand and seal, 44, s. 2, p. 

46, s. 11. 
when special, 48, s. 15, p. 50, s. 17. 
where justice issues, 46, s. 11, p. 
52-55. 
fourteen days' notice, 45, s. 4. 
hour of meeting, 44, s. 2. 



WARNING TOWN-MEETINGS-con. 
insertion of articles, 44, s. 3. 

if refused, 45, s. 9, p. 51, 52. 
justice calling meetings, 45, ss. 9, 10, 

pp. 50-55. 
mechanics' shop, 47, s. 13 (c). 
meeting-house a public place, 47, s. 

13 (c). 
mill as a public place, 47, s. 13 (c). 
penalties upon selectmen, 46, s. 12. 
place of meeting, 44, s. 2. 
posting copies of warrant, 45, s. 4, p. 
46, s. 13 and notes, 
if original instead of copy, 46, s. 

13. 
in public places, 45, s. 4. 
to be accessible, 46, s. 13 (b). 
public place, requisites of, 46, 47 (c), 

p. 238, s. 5(1). 
refusal to call meeting, 45, s. 9. 

to insert articles, 44, s. 3, p. 45, 
s. 9. 
return of posting, 45, s. 7. 
seal upon warrant, 44, s. 2. 
selectmen, duties of, 44, c. 9. 
penalty for neglect, 46, s. 12. 
where but one, he may call, 45, 
s. 8 (1). 
shoemakers' shop as public place, 47, 

s. 13 (c). 
signing by selectmen, 44, s. 2. 
special articles, 44, s. 3. 

if refused, 45, s. 9. 
special meetings, 44, s. 3. 
if refused, 45, s. 9. 
whenever selectmen choose, 44, 
s. 1. 
store as public place, 47, s. 13 (c). 
ten voters, or one sixth part for a 

call, 44, s. 3, p. 45, s. 9. 
towns may direct mode of calling, 

45, s. 6. 

under seal, 44, s. 2, p. 46, s. 11. 
vacancy by death or removal, 45, 
s. 8. 
if but one, he may call, 45, s. 8 (1). 
warrant, forms of, 47, s. 14, p. 49, s. 
15, p. 52, s. 23, pp. 53-55. 
requisites of, 44, a. 2, p. 45, ss. 
4-6, p. 46, s. 11. 
WARRANT FOR TOWN-MEETING, 44, 
s. 14, p. 49, s. 15, p. 52, s. 23. 
posting, 45, s. 4, p. 46, s. 13 and notes, 
requisites of, 44, s. 2, p. 45, ss. 4-6, p. 

46, s. 11. 

to arrest, 231, s. 11, p. 232, s. 13. See 
Arrests, 454. 
WATCH-HOUSES, 302, s. 12 
WATCHMEN, 428, s. 17, p. 445, s. 8, p. 

448, ii. 
WATER-POWER, taxation of, 213(1). 
WATERING-TROUGH, 224, s. 3. See 

Abatement, etc., 453. 
WEIGHTS AND MEASURES, 178, c. 30. 

ale or beer measures, 181, s. 13. 

avoirdupois weight, 181, s. 14. 

bakers' sales, 184, ss. 22, 23. 

beef. 182, ss. 18-21. 

bushel, 182, s. 16, p. 185, s. 25. 

butchers, 182, ss. 18-21/ 

buyers, penalties upon, 183, s. 21. 

charcoal, 182, s. 17. 

corn, 56 pounds a bushel, 185, s. 29. 






WEIGHTS AND MEASURES. 



497 



WILD ANIMALS, ETC. 






WEIGHTS AND MEASURES-con. 

meal, 50 pounds a bushel, 185, 
s. 29. 
couuty sealer, 179, ss. 3, 4, p.l80,s. 9. 
fees for sealing, 180, s. 10. 

forweighiug, 183, s. 20. 
fixed scales, 180, s. 8< 
fruit, 182, s. 16. 

heaped measures, 1S2, ss. 16, 17. 
hundred weight net, 181, s. 14. 
milk, and cans for, 184, ss. 24-28. 
outs, 32 pounds to a bushel, 185, s. 29. 
parties may agree as to weight or 

quantity, 185, s. 29. 
platform scales, 180, s. 8. 
potatoes, 60 pounds to a bushel, 185, 

s. 29. 
public weighers, 182, ss. 15, 16. 
rye, 60 pounds to a bushel. 185, s. 
29. 
meal, 50 pounds to a bushel, 185, 
s. 29. 
sealer, penalty upon, 181, s. 11. 
seller, penalties upon, 181. s. 12, p. 

183, s. 21, p. 184, ss. 23, 25, 28. 
sealing, 179, 180. 

fees for, 180, s. 10. 
penalty for neglect, 181, s. 11. 
record-book of, 181 (2). 
selectmen to provide scale-beams, 

etc., 179, s. 5. 
state standard, 178, s. 1. 
town sealer, 179, s. 6. 

duties of, 180, ss. 7-9, p. 181, s. 11, 
United States standard, 178, s. 1. 
wheat, beans, and pease, 32 pounds to 
a bushel, 185, s.29. 
parties may otherwise agree, 185, 
s.29. 
WIDENING AND STRAIGHTENING, 
253, c. 41, p. 270, c. 42. See High- 
ways, etc., 470. 
WIDOW OF ALIEN NATURALIZED, 

61 (c), (d). 
WIFE, citizenship of, 61 (c). 

forbidding sale, 406, s. 24. See 
Sale of Intoxicating Liquors, 
ante. 
WHERE TAXED AND TO WHOM, 197, 
c.33. 
affidavit of removal, 204, s. 25. 
all supposed inhabitants, 204, s. 25. 
certificate of taxation elsewhere, 
204, s. 26. 
animals in town, where kept, 198, 
s. 10. 
owned by non-residents, 198, s. 10. 
at place of residence, 197, s. 1. 

not if for education merely, 197, 
s. 2. 
bark, timber, logs, and lumber, 199, 
s. 14. 
notice required, 200, s. 15. 
on its way to market, 200, s. 16. 
unconstitutionality of act, 201, s. 

17 (1). 
upon waters not in any town, 
201, s. 17. 
city, town, or state bonds, 198, s. 7. 
claimant or occupant, 199, s. 12. 
consent of person in possession, 199, 

s. 12. 
estates of persons deceased, 204, s. 23. 



WHERE TAXED AND TO WHOM— 

continued. 

administrator and executor, 204, 

s. 24. 
guardian and trustee, 204, s. 24. 
fishing vessels, 199, s. 11. 
if no one in possession, 203, ss. 21, 22, 

and notes, 
leases for 999 years to lessor or lessee, 

199, s. 12 (2). 

lien to person paying tax, 205, s. 27. 

occupant refusing to be taxed, 202, 

s. 20, p. 203, ss. 21, 22, and notes. 

. personal liability of, 199, s. 12 (1). 

personal property in unorganized 

places, 199, s. 13. 
property of corporations, 198, ss. 8, 9. 
real estate, where situated, 197, s. 1. 
refusal of occupant to be taxed, 199, 
s. 12 and notes, p. 202, s. 20, p. 203, 
ss. 21, 22, and notes, 
removing of, April 1, 204, s. 25. 

coming-in, 196, s. 12. 
special administration effects no 

change, 204, s.24(2). 
stock in banks, where taxed, 198, s.8. 
stock in trade of non-residents, 198, 

s.10. 
students, 197, s. 2. 
studs and jacks, 205, ss. 28, 29. 
surplus capital where bank is, 197, 

s. 5. 
transient traders, 196, s. 12. 
to persons having care of property, 

198, s. 10, p. 199, s. 14. 
unimproved lauds of non-residents, 
203, s. 22 and notes, 
if erroneus, illegal, 203, s 22 (1). 
not to the owner, 203, s. 22 (1). 
when occupant refuses, how taxed, 
202, s. 20, p. 203, ss. 21, 22. 
WILD ANIMALS, Dogs and Sheep, 185, 
c. 31. 
assumpsit for damages paid, 189, s. 16. 
bears, bounty upon, 185, s. 2. 
bv-laws for dogs by town or select- 

"men, 187, ss. 8, 9. 
bounties, payment of, 185, ss. 1-5. 
account of, to be kept, 186, ss. 

4,6. 
refunded by state, 186, s. 4. 
brand or ear-mark, 190, s. 19. 

penalty for defacing, 190, s. 20. 
common law liability for dogs, 187, 

s. 7(1), p. 188, s. 10 (1). 
debt for recovery of damages, 188, s. 

10 (1). 
dogs, by-laws for, 187, ss. 8, 9. 

injuries by, 188, ss. 10, 11, and 

notes, p. 189, s. 17. 
tax upon, 189, ss. 12-17, p. 190, 

s. 18. 
without collars, when may be 

killed, 187, s. 7 (1). 
viciousness, evidence of, 187, s. 7 

election of remedies, 187, s. 7(1), p. 

188, s. 10 (1), p. 189, s. 17. 
fish-wardens, 191, s. 22. 
fishing may be prohibited, 191, s. 22. 
game-wardens, 191, s. 22. 
keeper of dog, liability of, 187, ss. 10, 

11, p. 189, ss. 16,17. 



WILD ANIMALS, ETC. 



498 



YEAR DEFINED. 



WILD ANIMALS, Dogs and Sheep— con. 
owner of dog, liability of, 187, ss. 10, 
11, p. 189, ss.16, 17. 
may be taxed, 188, 8. 12. 
parent of child injured, 188, s. 11 

(1). 
personal injury, double damages for, 

188, s. 11. 
schools, dog-money for, 190, s. 18. 
sheep, brands or ear-marks for, 190, 
ss. 19, 20. 
from August to December, 190, 

s. 21. 
remedy for iujuries to, by dogs, 
189, 88. 12-17. 
state treasurer to refund bounties, 

186, s. 4. 
tax upon dogs, and distribution of, 

188, ss. 12-16. 
town treasurer to keep separate ac- 
count of dog-money, 189, ss. 13, 15. 
trover by owner of dog killed, 187, s. 
7 (1). 



WILD ANIMALS, Dogs and Sheep— con. 
wild-cats, bounties upon, 185, ss. 3, 4. 
wolves, bounties upon, 185, s. 1. 
woodchucks, no bounties upon, 186, 

8.6. 

WILL AND CODICIL, 3, s. 21. 

WINE MEASURE FOR MILK, 184, ss. 

24-26. 
WITNESSES IN RIOT CASES, 27, 8. 10. 

fees of, against town, 297, s. 4. 
WOOD, surveyors of, 172, s. 10. See In- 
spectors and Surveyors, ante. 
taxation of, 194, vi, p. 199, s. 14, p. 

200, ss. 15, 16. 
WORK-HOUSE, purchase of, 365, s. 8. 
WORKING OUT TAX, 289, ss. 8, 9. See 

Making and Repairing Highways, 

ante, 476. 
WRITING INCLUDES PRINTING, 3, 

s. 22 
WRITS AGAINST TOWNS, service of, 

14, s. 20 
YEAR DEFINED, 2, s. 8. 



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